TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 122

CONFIDENTIAL

11. Article 2(1)(a) concerns BDTCs born, naturalised or registered in Hong Kong, or found abandoned there as newborn infants, or their children. These persons are considered to have a sufficient connection

with Hong Kong for the purposes of the Order. This is subject to a qualification only in relation to persons born in Hong Kong on or after 1 January 1983, because of the provisions for the acquisition of BDTC status by birth under the British Nationality Act 1981. Under that Act persons born in Hong Kong on or after 1 January 1983 are not BDTCs unless at the time of their birth either of their parents is settled in a dependent territory or is a BDTC. Consequently article 2(3) of the Order provides that a person born in Hong Kong after 1 January 1983 is not taken to have a connection with Hong Kong for the purposes of the Order,

notwithstanding that he or she is born in Hong Kong, unless either parent is settled in Hong Kong or is a BDTC by virtue of a connection with Hong Kong. For example, a child born in Hong Kong on or after 1 January 1983 to parents who are BDTCs by virtue of a connection with Gibraltar and who are in Hong Kong temporarily will not lose his or her BDTC status in 1997 just because of his or her birth in Hong Kong (see paragraph 18 below).

12.

on

Article 2(1)(b) concerns people who became BDTCs through adoption by

parents who are Hong Kong BDTCS. This accords with the provision for acquisition of BDTC status by adoption under section 15 (5) of the British Nationality Act 1981 whereby a child adopted in a Dependent Territory becomes a BDTC if the adopter or, in the case of joint adoption, one of

the adopters is a BDTC. It follows that 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 in another dependent territory may in some circumstances establish such a

connection. This article is therefore so framed as to ensure that a

person is considered to have a connection with Hong Kong for the purposes

of the Order if he or she is adopted by parents either of whom is a BDTC by virtue of a connection with Hong Kong, regardless of where the

adoption actually took place.