TNAG-1385-FCO40-1833-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 97

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BUT THE CHILD BORN IN ANOTHER DEPENDENT TERRITORY OF PERSONS WHO

HAVE LEFT HONG KONG PERMANENTLY TO SETTLE ELSEWHERE, AND ARE

THEREFORE NO LONGER SETTLED IN HONG KONG, IS NOT REGARDED AS

HAVING SUCH A CONNECTION. IF THE PARENT IN QUESTION IS NOT ONLY

SETTLED IN HONG KONG BUT IS ALSO A HONG KONG BDTC, ANY CHILDREN

BORN OUTSIDE HONG KONG WILL ALSO BE COVERED BY ONE OR MORE OF THE

OTHER PROVISIONS OF ARTICLE 2(1).

15.

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

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

THE BRITISH NATIONALITY ACT 1981, WHICH PROVIDES THAT A CITIZEN

OF THE UNITED KINGDOM AND COLONIES(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). WERE THE TERM 'REGISTERED' TO BE 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

ACCORDS 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

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