TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 304

CONFIDENTIAL

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CONNECTIONS WITH HONG KONG

9.

ARTICLES 2 AND 3 SHOULD BE READ WITH THE PROVISIONS OF

PARAGRAPH 2(1)(A) OF THE SCHEDULE TO THE HONG KONG ACT.

10.

IT

ARTICLE 2(1) DEFINES BDTC WHO ARE SUCH BY VIRTUE OF A

CONNECTION WITH HONG KONG AND WHO, UNLESS THEY ARE ALSO BDTCS BY

VIRTUE OF A SEPARATE CONNECTION WITH ANOTHER DEPENDENT TERRITORY,

WILL THEREFORE LOSE THEIR BDTC STATUS ON 1 JULY 1997, AND BE

ENTITLED TO ACQUIRE BN(0) STATUS (SEE ALSO PARAGRAPH BELOW).

ENCOMPASSES ALL THE HONG KONG BDTCS LISTED IN ANNEX 2, ALTHOUGH

IN FACT THE GREAT MAJORITY (ABOUT 3.18 MILLION) OF THE ROUGHLY

THREE AND A QUARTER MILLION BDTCS IN HONG KONG ARE BDTCS BY

BIRTH, AND ABOUT 53,000 ARE BDTCS BY REGISTRATION OR

NATURALISATION. THE VARIOUS CATEGORIES COVERED BY ARTICLE

2(1)(A) TO ARTICLE 2(1)(F) ARE DEALT WITH IN PARAGRAPHS 11 TO 16

BELOW.

11.

ARTICLE 2(1)(A) CONCERNS BDTCS BORN, NATURALISED OR

REGISTERED IN HONG KONG, OR FOUND ABANDONED THERE AS A NEWBORN

INFANT, 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 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 ON OR AFTER 1 JANUARY 1983 IS NOT TAKEN

TO HAVE A CONNECTION WITH HONG KONG FOR THE PURPOSES OF THE

ORDER, NOTWITHSTANDING THAT HE 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 BDTC STATUS IN 1997 JUST BECAUSE OF

HIS BIRTH IN HONG KONG (REE ALSO PARAGRAPH 18).

ENDS.

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CONFIDENTIAL