TNAG-1087-FCO40-1337-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 20

Nationality and Treaty Department

Foreign and Commonwealth Office

A very pertiment question

for

Clive House Petty France London SW1H 9HD MK<.

Officers Administering Governments

of Dependent Territories

Telephone 01-213 3794

477

Mr. McQuitata 1/2

Your reference Mars Belt रनक

Mr. Willigmong

Our reference

GNN 340/103)

Date 2 December 1981

3112

SEE HAK-340/101922

ник

340

Drean hocanso E

-8712

스

BRITISH NATIONALITY ACT 1981

PC 4/12

1. We shall be telegraphing shortly to inform you of the date when the British Nationality Act 1981 will come into operation. Meanwhile you will already have seen from your copy of the Act that after commencement British Dependent Territories citizenship will be acquired by a person born in a dependent territory to a mother or father who is a British Dependent Territories citizen or who is, if not such a citizen, 'settled' in a dependent territory (section 15(1)). References to 'settled' in the Act are defined as meaning 'references to a person being ordinarily resident in a dependent territory without being subject under the immigration laws of that dependent territory to any restriction on the period for which he may remain' (section 50(2) to (4)).

2. The parent in question does not have to be 'settled' in the same dependent territory as that in which the child is born. This will rarely occur, but the law makes provision for the possibility as well as for the more normal case when the parent is 'settled' and the child born in one and the same territory.

3. We should like to know whether it is possible under the immigration law of your territory for a person who under the new British Nationality Act will not be a British Dependent Territories citizen to be regarded as 'settled' there even if he or she is not physically resident. An example of this would be the case of a person who, although not a british Dependent Territories citizen possesses belonger status or the right of abode in your territory, but who for some reason connected with his employment is resident in another dependent territory. This could raise problems as to the national status of a legitimate child of his born in that other dependency.

4.

If there is uncertainty as to the interpretation of the term 'settled' in relation to your immigration law would you please consider whether an amendment or an addition to that law is necessary to put the position beyond doubt? In any event we would be glad to have an early

/assessment