TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 295

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382-3) - MY 2 IPTS: HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL

FOLLOWING IS NEXT PART OF REVISED TEXT OF WHITE PAPER.

BEGINS.

12. ARTICLE 2(1)(B) CONCERNS PEOPLE WHO BECAME BDTC THROUGH

ADOPTION BY PARENTS WHO ARE HONG KONG BDTCS. THIS PROVISION

ACCORDS WITH THE PROVISION FOR ACQUISITION OF BDTC STATUS BY

ADOPTION UNDER 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 FROM THIS PROVISION 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 IN THE ORDER IF HE IS

ADOPTED BY PARENTS EITHER OF WHOM IS A BDTC BY VIRTUE OF A

CONNECTION WITH HONG KONG, REGARDLESS OF WHERE THE ADOPTION TOOK

PLACE.

13.

ARTICLE 2(1)(C) IS CONCERNED WITH PEOPLE REGISTERED

OUTSIDE HONG KONG. 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, FOR EXAMPLE:

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