TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 229

12.

Article 2(1)(b) is concerned with adoption. Adoption in 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 framed 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".

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.

This

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 outside 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".

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