TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 146

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SERVICE IN THAT TERRITORY. UNDER THE BNA 1948 THIS WAS FAIRLY

CLEAR AND WAS SET OUT IN PARAGRAPH 4 OF THE SECOND SCHEDULE. THE

POSITION IS NOT SO CLEAR-CUT UNDER THE BNA 1981, BUT INSTRUCTIONS

TO GOVERNORS PROMULGATED ON THIS SUBJECT BY NTD GENERALLY REQUIRE

NATURALISATION AS A BDTC TO TAKE PLACE IN THE DEPENDENT TERRITORY

IN WHICH THE QUALIFYING RESIDENCE OR SERVICE WAS UNDERTAKEN. IT

IS CONCEIVABLE, THOUGH RATHER FANCIFUL, THAT A PERSON MAY HAVE

BEEN NATURALISED IN HONG KONG ON THE GROUNDS OF QUALIFYING

RESIDENCE OR SERVICE IN ANOTHER DEPENDENT TERRITORY. BUT SUCH A

PERSON WOULD BE A HONG KONG BELONGER UNDER THE HONG KONG

IMMIGRATION ORDINANCE, AND WOULD NOT, IF OTHER DEPENDENT

TERRITORIES EQUIVALENT REGULATIONS ARE ON SIMILAR LINES, BE A

BELONGER OF THAT OTHER DEPENDENT TERRITORY. THEREFORE, IF SUCH A

PERSON EXISTS, THEN HE OR SHE MUST LOGICALLY BE REGARDED AS A

HONG KONG BDTC, SINCE IT WOULD NOT BE POSSIBLE TO ESTABLISH A

LEGAL LINK WITH ANY OTHER DEPENDENT TERRITORY.

6. ARTICLE 2(1)(B) IS THEREFORE CONFINED TO REGISTRATION OUTSIDE

HONG KONG. IT IS LIKELY THAT A NUMBER OF REGISTRATIONS UNDER THE

1948 ACT TOOK PLACE OUTSIDE HONG KONG ON THE BASIS OF A

CONNECTION WITH HONG KONG, SINCE NEITHER SECTION 6(2) NOR SECTION

7 OF THAT ACT CONTAINED ANY RESIDENTIAL QUALIFICATIONS. ANY

GOVERNOR OR HIGH COMMISSIONER MIGHT THEREFORE HAVE REGISTERED A

PERSON UNDER EITHER OF THESE SECTIONS ON THE BASIS THAT THEY MET

THE REQUIREMENTS, IRRESPECTIVE OF WHERE THE QUALIFYING CONNECTION

WAS. THIS SITUATION IS REFLECTED IN PAGE 7 OF THE HONG KONG

IMMIGRATION ORDINANCE UNDER THE HEADING ON HONG KONG BELONGER'

((A)(IV)) IN RESPECT OF PRE-1983 CASES. UNDER THE 1981 ACT

REGISTRATIONS CONNECTED WITH HONG KONG WOULD IN PRACTICE HAVE

TAKEN PLACE IN HONG KONG.

7. THE OPENING WORDS OF ARTICLE 2(1)(B) CONTAIN THE WORDS

'WHOLLY OR PARTLY'. THIS IS TO MAKE IT CLEAR THAT THE FOLLOWING

SUB PARAGRAPHS DO NOT NECESARILY REFLECT THE ENTIRE BASIS ON

WHICH AN APPLICATION FOR REGISTRATION IS BASED.

8.

ARTICLE 2(1)(B)(III) INCLUDES A PERSON WHOSE SPOUSE HAS DIED.

IF BDTC WAS ACQUIRED THROUGH MARRIAGE TO A HONG KONG BDTC THEN IT

SEEMS LOGICAL TO ARGUE THAT IT IS RETAINED BY VIRTUE OF THAT

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