TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 297

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

6449

15.

ARTICLE 2(1)(E) REFERS TO BDTCR WHO ARE SUCH THROUGH A

GRANDPARENTAL CONNECTION. THIS ACCORDS WITH SECTION 23(1)(B) OF

THE BRITISH NATIONALITY ACT 1981, WHICH PROVIDES THAT A CUKC BORN

TO A PERSON WHO WAS A CUKC BY HIS OR ONE OF HIS PARENT'S BIRTH,

NATURALISATION OR REGISTRATION IN A DEPENDENT TERRITORY BECAME A

BDTC ON 1 JANUARY 1983.

16.

ARTICLE 2(1)(F) REFERS TO 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.

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

(1). 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

19.

ARTICLE 3 PROVIDES FOR THOSE PEOPLE IDENTIFIED UNDER

ARTICLE 2(1) AS BDTC 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 ALSO ESTABLISH AN INDEPENDENT ROUTE TO BDT

CITIZENSHIP BY AN EXCLUSIVE CONNECTION WITH ANOTHER DEPENDENT

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