TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 96

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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

(SEMI-COLON) 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.

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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 BDT 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 PROVISION. THUS THE CHILD OF A PERSON SETTLED IN HONG KONG

WHO IS BORN IN ANOTHER DEPENDENT TERRITORY WHILE HIS OR HER

PARENTS WERE TEMPORARILY ABSENT FROM HONG KONG IS REGARDED AS

HAVING A CONNECTION WITH HONG KONG FOR THE PURPOSES OF THE ORDER.

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