TNAG-1085-FCO40-1335-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 36

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British Nationality

SCH. 2

1964 c. 54.

that person would have been entitled under that section to be registered as such a citizen.

(2) A person entitled to registration under this paragraph shall be registered under it as such a citizen as he would have become at commencement if, immediately before commencement, he had 5 been registered as a citizen of the United Kingdom and Colonies under section 1 of the British Nationality (No. 2) Act 1964 on which- ever of the grounds mentioned in subsection (1)(a) to (c) of that section he would have been entitled to be so registered on in the circumstances described in sub-paragraph (1)(a) and (b) of this para- 10 graph.

Supplementary

6. If in the special circumstances of any particular case the Secre- tary of State thinks fit, he may for the purposes of paragraph 3 or 4 treat the person who is the subject of the application as fulfilling 15 the requirement specified in sub-paragraph (1)(c) of that paragraph although the number of days on which he was absent from both the United Kingdom and the dependent territories in the period there mentioned exceeds the number there mentioned.

Section 37.

SCHEDULE 3

COUNTRIES WHOSE CITIZENS ARE COMMONWEALTH CITIZENS

Australia

The Bahamas

Bangladesh

Barbados

Botswana

Nauru

New Zealand

Nigeria

Papua New Guinea

Saint Lucia

20

25

25

Canada

Republic of Cyprus

Dominica

Fiji

The Gambia

Saint Vincent and the

Grenadines

Seychelles

Sierra Leone

30

Singapore

Ghana

Grenada

Guyana

Solomon Islands

Sri Lanka

Swaziland

India

Tanzania

35

Jamaica

Tonga

Kenya

Trinidad and Tobago

Kiribati

Tuvalu

Lesotho

Uganda

Malawi

Vanuatu

40

Malaysia Malta

Western Samoa

Zambia

Mauritius

Zimbabwe.

Section 39(6).

1971 c. 77.

SCHEDULE 4

AMENDMENTS OF IMMIGRATION ACT 1971

1. In this Schedule "the 1971 Act" means the Immigration Act 1971.

45

5

2. For "patrial

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British Nationality

59

(a) where it occurs in the provisions of the 1971 Act listed in the first column of the following table, and where it first occurs in section 6(2) of that Act, substitute a British citizen";

(b) where it occurs in the provisions of that Act listed in the second column of that table, and where it last occurs in section 6(2) of that Act, substitute British citizens".

"C

TABLE

10

(1)

a British citizen Section 3(1), (5), (6), (8) ;

Section 5(2);

Section 9(4);

15

Section 14(2);

20

20

35

25

Section 24(1);

In section 33(1), the defini- tions of "entry clearance and "work permit ";

In Schedule 2, paragraphs 2(1)(a), 3(1), 6(1), 12(2) and 13(2).

In Schedule 4, paragraphs

1(1) and (2), 3(1) and 4.

CC

(2)

'British citizens” Section 3(7) (twice); Section 4(4);

Section 8(2), (3), (4) ;

Section 9(2);

Section 29(1);

In Schedule 2, paragraph 26(1).

3.-(1) For "certificate of patriality", wherever (except in section 33(1)) it occurs in the 1971 Act (that is, in sections 13(2), 22(4)(a) and (5)(a), 26(1)(d) (twice) and paragraph 19(2) of Schedule 2 (twice)) substitute "certificate of entitlement".

(2) In the entry in section 33(1) which defines "certificate of 30 patriality", for "patriality" substitute entitlement

4. In section 3(7) of the 1971 Act (powers available where restric- tions or conditions are imposed on citizens of the United Kingdom and Colonies when leaving or seeking to leave other countries), for citizens of the United Kingdom and Colonies" substitute "British 35 citizens, citizens of the British Dependent Territories or British

Overseas citizens ".

>>

5. In section 8(5) of the 1971 Act, for the words from "settled onwards (by virtue of which persons are not to be regarded for the purposes of the 1971 Act as having been settled in the United King- 40 dom while entitled to certain exemptions) substitute "settled in the United Kingdom at any time when he was entitled under the former immigration laws to any exemption corresponding to any of those afforded by subsection (3) or (4)(b) or (c) above or by any order under subsection (2) above.".

45

59

50

6. In section 25(5) of the 1971 Act (extension of provisions about offences of assisting illegal entry and harbouring to things done outside the United Kingdom by persons of certain descriptions), for para- graphs (a) to (e) substitute-

"(a) by a British citizen, a citizen of the British Dependent

Territories or a British Overseas citizen;

SCH.