TNAG-1382-FCO40-1830-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 160

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VOL 53-ALIENS, NATIONALITY AND IMMIGRATION

2. Acquisition of British citizenship by registration (1) If

(a) an application is made for the registration as a British citizen of a person who is a British Dependent Territories citizen by virtue of section 23 of the 1981 Act (persons becoming British Dependent Territories citizens at commence- ment); and

(b) that person or a parent of that person was settled in the Falkland Islands either immediately before commencement or, in the case of a parent of that person who died before commencement, immediately before that parent's death, the Secretary of State may, if he thinks fit, cause the person to whom the application relates to be registered as a British citizen.

(2) If—

(a) an application is made for the registration as a British citizen of a person who is a British Dependent Territories citizen by virtue of registration or naturalisation under the 1981 Act; and

(b) either—

(i) that registration or naturalisation was effected in the Falkland Islands in pursuance of arrangements made under section 43 of the 1981 Act (exercise of functions of Secretary of State by Governors and others); or (ii) the Secretary of State is satisfied that the naturalisation or registration was effected wholly or partly by reason of a connection which that person or some other person had with the Falkland Islands,

the Secretary of State may, if he thinks fit, cause the person to whom the application relates to be registered as a British citizen.

NOTES

British citizen. See the note to s 1, ante.

Application. for registration; cause the person ... to be registered. As to the making of regulations in this connection, see, by virtue of s 4(2), post, the British Nationality Act 1981, 5 41, Vol 51, p 41 and for general provisions as to registration, see s 42(1)-(4). Vol 51, p 43. The relevant regulations are the British Nationality (Falkland Islands) Regulations 1983, Sl 1983 No. 479, regs 3. 4, Schs 1, 2.

It is thought that any entitlement to registration under this Act is subject to the limitation that the right will not be recognised if the entitlement to it has been obtained by criminal activity (Rv Secretary of State for the Home Department, ex parte Pullick [1981] 1 All ER 776).

Secretary of State. Ie, one of Her Majesty's Principal Secretaries of State; see the Interpretation Act 1978. 5 5. Sch 1. Vol 48, pp 1299, 1322. The Secretary of State here concerned is the Secretary of State for the Home Department.

Thinks fit; satisfied. As to decisions involving the exercise of the discretion of the Secretary of State, see, by virtue of s 4(2), post, the British Nationality Act 1981. s 44. Vol 51, p 45.

British Dependent Territories citizen by virtue of registration or naturalisation under the 1981 Act. See, in particular, the British Nationality Act 1981, ss 17 and 18, Vol 51, pp 24 et seq.

Definitions. For "commencement" and "the Falkland Islands", see s 4(1), post: for "parent", see, by virtue of s 4(2), post, the British Nationality Act 1981, s 50(9), Vol 51, p 51 (but see s 47 of that Act, Vol 51, P 47): for "settled", see, by virtue of s 4(2), post, s 50(2) of that Act. Vol 51, p 50.

1981 Act. Ie, the British Nationality Act 1981, Vol 51, p 3; see s 4(1), post. For ss 23 and 43 of that Act, see Vol 51, pp 29, 44-

3. Cases in which this Act produces British citizens “by descent"

(1) A person who is a British citizen by virtue of the application to him of any provision of this Act but not otherwise shall, for the purposes of the 1981 Act, be a British citizen "by descent" if, and only if, being a person who became a British citizen at commencement, he would not be a British citizen by virtue of this Act but for section 1(1)(b)(ii) or (iii).

(2) A person who is a British citizen by virtue of the application to him of any of the provisions of the 1981 Act as well as being a British citizen by virtue of the application to him of any provision of this Act shall, for the purposes of that Act, be a British citizen "by descent" if, and only if, being a person who became a British citizen at commencement, he-

BRITISH NATIONALIT

(a) would have been a British |

and

(b) would not be a British citize

(iii).

NOTES

British citizen. See the note to s 1, ante. British citizen by descent. As to the 1981, see s 14 of that,Act, Vol 51, p 21; and that Act, Vol 51, p 10.

Commencement. For meaning, see s 4(1) 1981 Act. Ie, the British Nationality Act

4. Supplementary provisions (1) In this Act-

"the 1981 Act" means the British "commencement" has the same

beginning of 1st January 198 53(2) of that Act for the comm Act);

"the Falkland Islands" means the

(2) The following provisions of the as they apply for the purposes of the (a) section 41 (regulations and Or

of regulations;

(b) section 42 (registration and

relates to registration; (c) section 44 (decisions involvin, (d) section 45 (evidence); (e) section 46 (offences and proce (f) sections 47 and 48 (legitimate (g) section 50 (interpretation).

(3) In the following provisions of the (a) section 37(1)(a) (by virtue of w

Act has the status of a Commo (b) section 40(2)(a)(i) (deprivation

British citizen under that Act); (c) section 51(3)(a)(ii) (meaning of

certain contexts),

for the words "this Act" there shall be Acts 1981 and 1983".

NOTES

British Nationality Act 1981. See Vol 51, and 53(2) of that Act, see Vol 51. pp 36, 39, 41, .| Regulations. The British Nationality (Fall under the British Nationality Act 1981, S 41(1),

5. Citation, provision for retrospe (1) This Act may be cited as the Bri and this Act and the British Nationa British Nationality Acts 1981 and 198 (2) This Act shall be deemed to have C say at commencement as defined in subsection (3), where the requirements of British citizenship were satisfied in 1