TNAG-1383-FCO40-1831-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 148

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BUT IT IS INTENDED TO COVER CIRCUMSTANCES WHICH CAN ONLY APPLY TO

WOMEN. BEFORE 1 JANUARY 1949, MARRIAGE TO A MAN WHO WAS A

BRITISH SUBJECT AUTOMATICALLY CONFERRED BRITISH SUBJECT STATUS ON

HIS WIFE (SECTION 10(1) OF THE BRITISH NATIONALITY AND STATUS OF

ALIENS ACT 1914). THE WORDING MAKES THE LINK WITH SECTION 12(5)

OF THE BNA 1948 AND SECTION 23(1)(C) OF THE BNA 1981 READILY

DISCERNIBLE.

13. ARTICLE 2(2): THIS ARTICLE SIMPLY DEFINES THE TERM

REGISTRATION IN PARAGRAPH (1). NATURALISATION SPEAKS FOR ITSELF,

BUT WE ARE UNHAPY ABOUT LEAVING 'REGISTERED' UNDEFINED. THERE

COULD BE SOME DOUBT WHETHER IT INCLUDED REGISTRATION AS A CUKC.

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ARTICLE 2(3): THIS IS THE 'EXCEPTION TO LOSS' CLAUSE. AT

THIS STAGE IT IS PURELY ILLUSTRATIVE, PENDING A FINAL DECISION ON

WHO SHOULD BE EXCEPTED. IT REFERS ONLY TO THE POST 1 JANUARY

1983 SITUATION, BECAUSE SETTLEMENT WAS NOT AN ISSUE PRIOR TO

1983. BIRTH ALONE IN HONG KONG WAS SUFFICIENT TO CONFER CUKC

STATUS, AND THEREFORE CLEARLY ESTABLISHED A ' SEPARATE' HONG KONG

BDT CITIZENSHIP, IRRESPECTIVE OF THE NATIONALITY OR IMMIGRATION

STATUS OF THE PARENTS. TO ATTEMPT TO PROVIDE FOR THE PRE-1983

PROVISION WOULD PROBABLY BE UNWORKABLE, GIVEN THAT WE ARE NOT

MERELY CONCERNED WITH YOUNG CHILDREN BORN IN RECENT YEARS, BUT

ALSO WITH OLDER PEOPLE WHOSE PARENTS MAY HAVE BEEN BORN IN HONG

KONG PRIOR TO THE 1948 ACT, AND CERTAINLY PRIOR TO THE EXISTENCE

OF THE TERM 'SETTLED'.

LOSS OF BRITISH DEPENDENT TERRITORY CITIZENSHIP

15. ARTICLE 3: THIS PROVIDES FOR THOSE PEOPLE PREVIOUSLY DEFINED

AS BDTCS BY VIRTUE OF A CONNECTION WITH HONG KONG TO LOSE THAT

CITIZENSHIP ON 1 JULY 1997, BUT EXCLUDES THOSE PERSONS WHO CAN

ESTABLISH A 'SEPARATE' ROUTE TO BDTC BY A CONNECTION WITH ANOTHER

DEPENDENT TERRITORY. SUCH PERSONS WOULD NOT MEET THE REQUIREMENT

OF ARTICLE 3(B), AND WOULD THEREFORE AUTOMATICALLY BE EXCEPTED

FROM LOSS OF THEIR CITIZENSHIP.

RIGHT TO ACQUIRE NEW STATUS OF BRITISH NATIONAL (OVERSEAS)

16. ARTICLE 4(1) SPECIFIES THE DATE ON WHICH THE NEW NATIONALITY

WILL COME INTO BEING. IN ORDER TO FIT IN WITH THE NORMAL

VALIDITY PERIOD OF PASSPORTS, IT IS INTENDED THAT IT SHOULD BE

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