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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 parents birth, naturalisa- tion 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 nation- ality 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 BDTCs 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 anotherDependent Territory. Such people will retain their BDT citizenship. Examples are:
(a) a person born after 1 January 1983 in Bangkok to a father who was
born in Hong Kong and a mother who was born in Gibraltar; p
(b) a child jointly adopted after 1 January 1983 in Bermuda where the mother is a BDTC by virtue of birth in Hong Kong, and the father is a BDTC by virtue of birth in Bermuda.
Right to acquire new status of British National (Overseas)
20. Article 4(1) specifies the date on which BN(O) status will come into being. For the reasons explained in paragraph 8 above it is intended that it should be introduced 10 years before 1 July 1997.
21. Article 4(2) enables Hong Kong BDTCs who will lose that citizenship on 1 July 1997 to have an entitlement to acquire BN(O) status and to hold or be included in a passport appropriate to that status. The reference to passports is consistent with the terms of the United Kingdom Memorandum (see paragraph 4 above).
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