CONFIDENTIAL
13.
Kong.
Article 2(1)(c) is concerned with people registered outside Hong
Registration may have taken place outside Hong Kong on the basis of a connection with Hong Kong, particularly as certain of the provisions for registration contained in the British Nationality Act 1948 did not
contain any residential qualifications. Examples of persons who come
within Article 2(1)(c) are:
a) A child born and registered outside Hong Kong before 1 January 1983 under section 7(1) of the British Nationality Act 1948 (which
provided for the registration of the minor children of citizens of the United Kingdom and Colonies (CUKCs)) where the mother was born
in Hong Kong and the father was an alien; and
b) An alien woman registered outside Hong Kong before 1 January
1983 under section 6(2) of the British Nationality Act 1948 (which provided for the registration of the wives of CUKCs) on the basis
of her marriage to a CUKC born in Hong Kong.
No similar provision is necessary for naturalisation outside Hong Kong because, generally speaking, naturalisation in any dependent territory is
based on qualifying residence or service in that territory.
14.
...
Article 2(1)(d) concerns people born in another dependent territory
to parents settled in Hong Kong at the time of the birth. It is consistent with the provisions of section 15(1)(b) of the British
Nationality Act 1981, whereby a person born in a Dependent Territory to a
non-BDTC settled in a Dependent Territory acquires British Dependent
Territories citizenship at 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 person settled in Hong Kong who leaves Hong Kong temporarily still remains settled in Hong Kong, and is therefore covered
by this provison. Thus the child of a person settled in Hong Kong who is
born in another dependent territory while his or her parents are
temporarily absent from Hong Kong is regarded as having a connection with
Hong Kong for the purposes of the Order. But the child born in another dependent territory of persons who have left Hong Kong permanently to
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