TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 20

PART III

Registration by virtue of marriage.

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British Nationality

of the British Dependent Territories and a British Overseas citizen; and

(ii) the reference to remaining a British citizen throughout any period were a reference to being throughout that period a citizen of at least one of 55 those descriptions (though not necessarily the same one) throughout that period; and

(b) that if that person had been born before commence- ment and had become a citizen of the United Kingdom and Colonies as mentioned in subsection (1)(b) of that 10 10 section, he would at commencement have become a British Overseas citizen by virtue of section 26.

28.—(1) A woman who immediately before commencement was the wife of a citizen of the United Kingdom and Colonies shall be entitled, on an application for her registration as a British 15 Overseas citizen made within five years after commencement, to be registered as a British Overseas citizen if—

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the 20 United Kingdom and Colonies by virtue of her mar- riage to the man who was then her husband; and (b) that man became a British Overseas citizen at com- mencement and did not at any time in the period from commencement to the date of the application under this 25 subsection cease to be such a citizen as a result of a declaration of renunciation; and

(c) she remained married to him throughout that period.

15

British Nationality

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woman who at the time of the application is married, the Secre- tary of State may, if he thinks fit, cause her to be registered as such a citizen if—

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United Kingdom and Colonies by virtue of her being or having been married to the man who is her husband on the date of the application under this subsection; and (b) that man either-

(i) became a British Overseas citizen at commence- ment but has ceased to be such a citizen as a result of a declaration of renunciation; or

(ii) would have become a British Overseas citizen at commencement but for his having ceased to be a citizen of the United Kingdom and Colonies as a result of a declaration of renunciation.

PART III

29. The provisions of section 12 shall apply in relation to Renunciation. British Overseas citizens and British Overseas citizenship as 20 they apply in relation to British citizens and British citizenship.

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PART IV

BRITISH SUBJECTS

30. A person who immediately before commencement was- Continuance (a) a British subject without citizenship by virtue of section as British

13 or 16 of the 1948 Act; or

subjects of existing (b) a British subject by virtue of section 1 of the British British

Nationality Act 1965 (registration of alien women who subjects of have been married to British subjects of certain des- certain

descriptions.

1965 c. 34.

criptions),

(2) On an application for her registration as a British Over- seas citizen made within five years after commencement, the 30 30 shall as from commencement be a British subject by virtue of Secretary of State may, if he thinks fit, cause a woman to be this section. registered as such a citizen if—

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 6(2) of the 1948 Act to be registered as a citizen of the United 35 Kingdom and Colonies by virtue of having been married to a man to whom she is no longer married on the date of the application under this subsection ; and

(b) that man became a British Overseas citizen at com- 40 mencement or would have done so but for his death.

(3) On an application for her registration as a British Over- seas citizen made within five years after commencement by a

31. (1) A person is within this subsection if immediately Continuance before 1st January 1949 he was both a citizen of Eire and a as British British subject.

certain

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citizens of Eire.

subjects of

(2) A person within subsection (1) who immediately before former commencement was a British subject by virtue of section 2 of the 1948 Act (continuance of certain citizens of Eire as British subjects) shall as from commencement be a British subject by virtue of this subsection.

(3) If at any time after commencement a citizen of the Republic of Ireland who is within subsection (1) but is not a British subject by virtue of subsection (2) gives notice in writing