TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 104

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

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5.

Article 7(5) includes the order in section 42(2)(b) and

(4) of the 1981 Act. Section 42(2)(b) relieves British nationals

from the need to take the oath of allegiance. This will apply

also to BN (0)s.

Section 42(4) provides that a person registered

as a citizen or subject under the 1981 Act becomes such a person

as from the date of registration. The same will apply to BN(0)s.

refere.

Resp.....

To the moner

Para

6.

Article 7(6) includes the Order in section 43 of the 1981

Act. That section empowers the Secretary of State to delegate

the exercise of certain of his functions to Governors of

dependent territories and others. The effect of Article 7(6)

is to enable all matters relating to the registration, renun-

ciation and deprivation of BN (0) status to be undertaken by the

Governor of Hong Kong.

7.

Article 7(7) includes the Order in sections 45, 46(1),

47 and 48 of the 1981 Act. Section 45 provides that a relevant

document showing citizenship may be taken as evidence of such

citizenship. Section 46(1) makes it a summary offence to make a

false statement for the purpose of procuring anything under the

1981 Act. Section 47 causes illegitmate children subsequently

legitimated by their parents' marriage to be treated for the

purposes of the Act as if they had been born legitimate.

48 provides that any reference to the status or description of

a parent shall, in the case of children born after that parents

death, be a reference to the status or description at the time of

death.

Section

8.

Article 7(8) includes the order in section 50 of the 1981

Act, which is concerned with the interpretation of words and

phrases used in the Act. Article 7(8):

a)

defines BN (0) status and

b)

includes in the definition of British

Overseas citizen a person who is such a

citizen under the Order.

9.

Article 7(9) includes the order in section 51 of the

1981 Act, which is concerned with the meaning of certain

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