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
while his or her parents were temporarily absent is regarded as
having a connection with Hong Kong for the purpose of the Order.
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, is not regarded as having such a connection.
16.
Article 2(1)(e) establishes a grandparental connection which is
necessary to accord with the way in which BDT citizenship was
acquired on 1 January 1983 under the British Nationality Act 1981.
17. Article 2(1)(f) establishes the connection of who became BDTCs
by marriage in the circumstances set out in section 23(1)(c) of the
British Nationality Act 1981.
18. Article 2(2) defines the term registration in paragraph (1).
Naturalisation speaks for itself, but if the term "registered" were
left undefined there could be some doubt whether it included
registration as a citizen of the United Kingdom and Colonies under
the British Nationality Act 1948.
19. Article 2(3) provides that children born in Hong Kong on or
after 1 January 1983 to parents who were there only temporarily
shall not be regarded as having a connection with Hong Kong. It
conforms with the way in which BDT citizenship is acquired at birth
under the British Nationality Act 1981. The same provision cannot
be made for persons born before 1983, since settlement was not an
issue under the British Nationality Act 1948. Prior to 1983 birth
in Hong Kong was in itself sufficient to confer citizenship of the
United Kingdom and Colonies, and thus to establish a clear
connection with Hong Kong irrespective of the nationality or
immigration status of the parents.
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