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CONNECTION AFTER THE DEATH OF THE BDTC SPOUSE. IF THE WIDOW OR
WIDOWER IN QUESTION WERE TO REMARRY A NON-BDTC IN HONG KONG, THAT
NEW SPOUSE WOULD THEN ACQUIRE AN AVENUE TO BDTC WITH A HONG KONG
CONNECTION THROUGH THAT MARRIAGE.
9. ARTICLE 2(1)(C) CATERS FOR PERSONS BORN OUTSIDE HONG KONG TO
PARENTS SETTLED IN HONG KONG AT THE TIME OF BIRTH. (ONE
CONSEQUENCE IS THAT IT WILL PREVENT A HONG KONG BDTC OR A PERSON
SETTLED IN HONG KONG FROM RELIEVING HIS CHILDREN FROM THE LOSS OF
BDTC BY ARRANGING FOR THEIR BIRTH IN ANOTHER DEPENDENT
TERRITORY). SINCE THE TERM 'SETTLED' IN A DEPENDENT TERRITORY IS
DEFINED IN SECTION 50(2) OF THE 1981 ACT AS 'BEING ORDINARILY
RESIDENT IN
THAT TERRITORY WITHOUT BEING SUBJECT
UNDER THE IMMIGRATION LAWS TO ANY RESTRICTION ON THE PERIOD FOR
WHICH HE MIGHT REMAIN', A HONG KONG BDTC WHO LEAVES HONG KONG
TEMPORARILY STILL REMAINS SETTLED IN HONG KONG, AND IS THEREFORE
COVERED BY THIS PROVISION. SIMILARLY A HONG KONG BDTC WHO SENDS
HIS WIFE ABROAD (OR, FOR EXAMPLE, PURCHASES, SAY, CAYMAN ISLANDS
RESIDENCE STATUS FOR HER) TO HAVE A CHILD WILL NOT SUCCEED IN
RELIEVING THAT CHILD FROM LOSS BECAUSE HE HIMSELF REMAINS SETTLED
IN HONG KONG. BUT THE CHILD OF HONG KONG BDTCS WHO HAVE LEFT
HONG KONG PERMANENTLY TO SETTLE ELSEWHERE, AND ARE THEREFORE NO
LONGER SETTLED IN HONG KONG, WILL RIGHTLY AVOID THE LOSS OF BDTC
STATUS (ALTHOUGH THE PARENTS IN QUESTION WOULD PROBABLY NOT DO
SO).
10. ARTICLE 2(1)(D): THIS ARTICLE CONFORMS WITH THE WAY IN WHICH
BDTC MAY BE ACQUIRED BY DESCENT UNDER SECTION 16 OF THE BNA 1981
(IE FROM A PARENT IN HONG KONG CROWN OR DESIGNATED SERVICE).
11. ARTICLE 2(1)(E): THE GRAND PARENTAL CONNECTION IS NECESSARY
TO ACCORD WITH THE WAY IN WHICH BDTC WAS ACQUIRED IN COMMENCEMENT
UNDER SECTION 23(1)(B) OF THE 1981 ACT. IF THE PERSON IN
QUESTION HAD NO OTHER, SEPARATE, ROUTE TO BDTC THEN IT COULD BE
ARGUED THAT HE OR SHE MUST BE DEFINITION BE A HONG KONG BDTC AND
THEREFORE LIABLE TO LOSE THAT CITIZENSHIP.
12. ARTICLE 2(1)(F): THIS PROVISION IS NECESSARY TO CATER FOR
THOSE PERSONS IN CATEGORY A15 IN THE LIST ANNEXED. IT ADMITTEDLY
GIVES THE IMPRESSION OF BEING DISCRIMINATORY BETWEEN THE SEXES,
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