TNAG-1384-FCO40-1832-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 31

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16.

ARTICLE 2(1)(F) ESTABLISHES A CONNECTION FOR WOMEN WHO

BECAME BDTCS BY MARRIAGE IN THE CIRCUMSTANCES SET OUT IN SECTION

23(1)(C) OF THE BRITISH NATIONALITY ACT 1981. THIS PROVIDES THAT

A WOMAN WHO WAS A CUKC IMMEDIATELY BEFORE 1 JANUARY 1983 BECAME A

BDTC ON THAT DATE IF SHE WAS THEN, OR HAD AT ANY TIME BEEN THE

WIFE OF A MAN WHO BECAME A BDTC ON 1 JANUARY 1983, OR WHO WOULD

HAVE DONE SO BUT FOR HIS DEATH.

17.

(1).

ARTICLE 2(2) DEFINES THE TERM 'REGISTRATION' IN PARAGRAPH

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.

18.

ARTICLE 2(3) PROVIDES THAT CHILDREN BORN IN HONG KONG ON

OR AFTER 1 JANUARY 1983 SHALL NOT BE REGARDED AS HAVING A

CONNECTION WITH HONG KONG IF THEIR PARENTS WERE ONLY THERE

TEMPORARILY, OR IF NEITHER OF THEM WAS A HONG KONG BDTC. IT

CONFORMS WITH THE WAY IN WHICH BDTC CITIZENSHIP IS ACQUIRED AT

BIRTH UNDER THE BRITISH NATIONALITY ACT 1981. THE SAME PROVISION

CANNOT BE MADE FOR PERSONS BORN BEFORE 1983: 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.

LOSS OF BRITISH DEPENDENT TERRITORIES CITIZENSHIP

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ARTICLE 3 PROVIDES FOR THOSE PEOPLE IDENTIFIED UNDER

ARTICLE 2(1) AS BDTCS BY VIRTUE OF A CONNECTION WITH HONG KONG TO

LOSE THAT CITIZENSHIP ON 1 JULY 1997. BUT IT DOES NOT AFFECT

THOSE PERSONS WHO CAN ESTABLISH AN INDEPENDENT ROUTE TO BDT

CITIZENSHIP BY AN EXCLUSIVE CONNECTION WITH ANOTHER DEPENDENT

TERRITORY. SUCH PEOPLE WILL NOT COME WITHIN ARTICLE 3(B), AND

WILL THEREFORE AUTOMATICALLY BE EXCEPTED FROM LOSS OF THEIR BDT

CITIZENSHIP.

EXAMPLES OF SUCH A PERSON ARE:

A) A PERSON BORN AFTER 1 JANUARY 1983 IN BANGKOK TO A

FATHER WHO WAS BORN IN HONG KONG AND A MOTHER WHO WAS

BORN IN GIBRALTAR:

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CONFIDENTIAL