TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 151

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HONG KONG IS NOT NECESSARILY SUFFICIENT IN ITSELF TO ESTABLISH A

CONNECTION WITH HONG KONG FOR THE PURPOSES OF THE ORDER. ON THE

OTHER HAND ADOPTION OUTSIDE HONG KONG MAY IN SOME CIRCUMSTANCES

ESTABLISH SUCH A CONNECTION. THIS ARTICLE IS THEREFORE SO FRAME

AS TO INCLUDE ALL THOSE PEOPLE AT LEAST ONE OF WHOSE ADOPTIVE

PARENTS IS A BRITISH DEPENDENT TERRITORIES CITIZEN BY VIRTUE OF A

CONNECTION WITH HONG KONG, IRRESPECTIVE OF WHERE THE ADOPTION

ACTUALLY TOOK PLACE.

13. ARTICLE 2(1)(C) IS CONCERNED WITH PEOPLE REGISTERED OUTSIDE

HONG KONG. NATURALISATION OUTSIDE HONG KONG IS EXCLUDED BECAUSE

GENERALLY SPEAKING, NATURALISATION IN ANY DEPENDENT TERRITORY IS

BASED ON QUALIFYING RESIDENCE OR SERVICE IN THAT TERRITORY.

REGISTRATION, HOWEVER, MAY HAVE TAKEN PLACE OUTSIDE HONG KONG ON

THE BASIS OF A CONNECTION WITH HONG KONG, SINCE CERTAIN OF THE

REGISTRATION PROVISIONS CONTAINED IN THE BRITISH NATIONALITY ACT

1948 DID NOT CONTAIN ANY RESIDENTIAL QUALIFICATIONS. THE OPENING

WORDS OF ARTICLE 2(1)(C) CONTAIN THE WORDS 'WHOLLY OR PARTLY'.

THIS IS TO MAKE IT CLEAR THAT THE FOLLOWING SUB-PARAGRAPHS DO

NOT NECESSARILY REFLECT THE ENTIRE BASIS ON WHICH AN APPLICATION

FOR REGISTRATION IS PLACED.

14.

ARTICLE 2(1)(C)(V) INCLUDES A PERSON WHOSE SPOUSE HAS DIED.

IF BDT CITIZENSHIP WAS ACQUIRED THROUGH MARRIAGE TO A HONG KONG

BDTC, THEN IT IS RETAINED BY VIRTUE OF THAT CONNECTION AFTER THE

DEATH OF THE HONG KONG 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 BDT CITIZENSHIP WITH A HONG KONG

CONNECTION THROUGH THAT MARRIAGE.

15. ARTICLE 2(1)(D) CONCERNS PEOPLE BORN OUTISDE HONG KONG TO

PARENTS SETTLED IN HONG KONG AT THE TIME OF THE BIRTH. THE TERM

'SETTLED' IN A DEPENDENT TERRITORY IS DEFINED IN SECTION 50(2) OF

THE BRITISH NATIONALITY ACT 1981 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.

THUS THE CHILD OF A HONG KONG BDTC WHO IS BORN OUTSIDE HONG KONG

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CONFIDENTIAL