TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 21

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

PART IV

Registration

of minor children.

Registration of certain alien women entitled to registration as British

subjects immediately

before

commence-

ment.

1965 c. 34.

Renunciation.

Circumstances in which

28

British Nationality

to the Secretary of State claiming to remain a British subject on either or both of the following grounds, namely—

(a) that he is or has been in Crown Service under the

government of the United Kingdom; and

(b) that he has associations by way of descent, residence 5

or otherwise with the United Kingdom or with any dependent territory,

he shall as from that time be a British subject by virtue of this subsection.

(4) A person who is a British subject by virtue of subsection 10 (2) or (3) shall be deemed to have remained a British subject from 1st January 1949 to the time when (whether already a British subject by virtue of the said section 2 or not) he became a British subject by virtue of that subsection.

32. If while a person is a minor an application is made 13 for his registration as a British subject, the Secretary of State may, if he thinks fit, cause him to be registered as a British subject.

33. A woman who immediately before commencement was the wife of a British subject shall be entitled, on an application 20 for her registration as a British subject made within five years after commencement, to be registered as a British subject if-

(a) immediately before commencement she would (if she had applied for it) have been entitled under section 1 of the British Nationality Act 1965 to be registered 25 as a British subject by virtue of her marriage to the man who was then her husband; and

(b) on the date of the application under this section that

man is a British subject; and

British Nationality

PART V

MISCELLANEOUS AND SUPPLEMENTARY

29

36. The provisions of Schedule 2 shall have effect for the Provisions for purpose of reducing statelessness.

5

37.—(1) Every person who-

10

reducing statelessness.

Common- wealth

(a) under this Act is a British citizen, a citizen of the British citizenship.

Dependent Territories, a British Overseas citizen or a British subject; or

(b) under any enactment for the time being in force in any country mentioned in Schedule 3 is a citizen of that country,

shall have the status of a Commonwealth citizen.

(2) Her Majesty may by Order in Council amend Schedule 3 by the alteration of any entry, the removal of any entry, or the 15 insertion of any additional entry.

(3) Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(4) After commencement no person shall have the status of a 20 Commonwealth citizen or the status of a British subject other-

wise than under this Act.

(c) she remained married to him throughout the period 30 25

from commencement to that date.

34. The provisions of section 12 shall apply in relation to British subjects and the status of a British subject as they apply in relation to British citizens and British citizenship.

35. A person who is under this Act is a British subject other- 35 wise than by virtue of section 31 shall cease to be such a subject British subjects if, in whatever circumstances and whether under this Act or otherwise, he acquires any other citizenship or nationality whatever.

are to lose

that status.

38.—(1) Her Majesty may by Order in Council made in British relation to any territory which was at any time before com- protected

mencement-

(a) a protectorate or protected state for the purposes of the

1948 Act; or

(b) a United Kingdom trust territory within the meaning of

that Act,

declare to be British protected persons for the purposes of this 30 Act any class of persons who are connected with that territory and are not citizens of any country mentioned in Schedule 3 which consists of or includes that territory.

(2) Any Order in Council made under this section shall be subject to annulment in pursuance of a resolution of either 35 House of Parliament.

(203)

B

persons.

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