TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 24

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

PART V

Regulations and Orders

in Council.

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British Nationality

(9) The power of the Secretary of State to make rules under subsection (8) shall be exercisable by statutory instrument sub- ject to annulment in pursuance of a resolution of either House of Parliament.

(10) The preceding provisions of this section shall apply in relation to citizens of the British Dependent Territories and citizenship of the British Dependent Territories as they apply in relation to British citizens and British citizenship, but as if in subsection (2)(a)(ii) the reference to section 5 were a reference to section 18.

41.-(1) The Secretary of State may by regulations make pro- vision generally for carrying into effect the purposes of this Act, and in particular provision--

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(a) for prescribing anything which under this Act is to be

prescribed;

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(b) for prescribing the manner in which, and the persons to and by whom, applications for registration or naturalisation under any provision of this Act may or must be made;

(c) for the registration of anything required or authorised 20

by or under this Act to be registered;

(d) for the administration and taking of oaths of allegiance under this Act, as to the time within which oaths of allegiance must be taken, and for the registration of oaths of allegiance;

(e) for the giving of any notice required or authorised to be

given to any person under this Act;

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(f) for the cancellation of the registration of, and the can- cellation and amendment of certificates of naturalisa- tion relating to, persons deprived of citizenship under 30 this Act, and for requiring such certificates to be delivered up for those purposes;

(g) for the births and deaths of persons of any class or description born or dying in a country mentioned in Schedule 3 to be registered there by the High Com- 35 missioner for Her Majesty's government in the United Kingdom or by members of his official staff;

(h) for the births and deaths of persons of any class or description born or dying in a foreign country to be registered there by consular officers or other officers in 40 the service of Her Majesty's government in the United Kingdom;

(i) for enabling the births and deaths of British citizens, citizens of the British Dependent Territories, British Overseas citizens, British subjects and British protected 45 persons born or dying in any country in which Her

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British Nationality

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Majesty's government in the United Kingdom has for the time being no diplomatic or consular representa- tives to be registered-

(i) by persons serving in the diplomatic, consular or other foreign service of any country which, by arrangement with Her Majesty's government in the United Kingdom, has undertaken to represent that government's interest in that country, or

(ii) by a person authorised in that behalf by the Secretary of State.

(2) The Secretary of State may with the consent of the Treasury by regulations make provision for the imposition, recovery and application of fees in connection with any of the following matters, namely—

(a) any application made to the Secretary of State under

this Act;

(b) the effecting in the United Kingdom of any registration

authorised by or under this Act;

(c) the making in the United Kingdom of any declaration, the grant there of any certificate, or the taking there of any oath of allegiance authorised to be made, granted or taken by or under this Act;

(d) the supplying in the United Kingdom of a certified or other copy of any notice, certificate, order, declara- tion or entry given, granted or made under or by virtue of this Act or any of the former nationality Acts;

(e) the carrying out of searches in or of any registers or other records, being registers or records held in the United Kingdom by or on behalf of the Secretary of State or by any prescribed authority, which are or may be relevant for the purpose of determining the status of any person under this Act or any of the former nationality Acts;

(f) the supplying by or on behalf of the Secretary of State of an opinion in writing concerning the status of any person under this Act or any of the former nationality Acts, or a certified or other copy of such an opinion.

(3) Regulations under subsection (1) or (2) may make differ- ent provision for different circumstances; and regulations under subsection (2) may provide for any fees imposed by the regulations to be payable at such times as may be prescribed.

PART V

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