TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 211

(3) A person born stateless on or after 1 July 1997 outside the dependent territories shall be entitled, on an application for his registration as a British Overseas citizen made within the period of twelve months from the date of the birth, to be registered as such a citizen if the requirements specified in paragraph (4) below are fulfilled in the case of either that person's father or his mother ("the parent in question").

(4) The requirements referred to in paragraph (3) above are--

(a) that the parent in question was a British Overseas citizen by virtue of

paragraph (2) above at the time of the birth; and

(b) that the father or mother of the parent in question was, immediately before 1 July 1997, a British Dependent Territories citizen otherwise than by descent by virtue of having a connection with Hong Kong or would have been so but for his or her death.

(5) If in the special circumstances of any particular case the Secretary of State thinks fit, he may treat paragraph (3) above as if the reference to twelve months were a reference to six years.

British Nationality Acts

7. (1) The British Nationality Act 1981(a) ("the 1981 Act") and the British Nationality (Falkland Islands) Act 1983(b) ("the 1983 Act") shall have effect subject to the following provisions of this Article.

(2) Section 4(1) of the 1981 Act (acquisition by registration: British Dependent Territories citizens, etc.) shall have effect as if after the words "British Dependent Territories citizen," there were inserted the words "a British National (Over- seas),".

(3) Section 37 of the 1981 Act (Commonwealth citizenship) shall have effect as if in subsection (1)(a)———-

(a) the reference to the 1981 Act included a reference to this Order;

(b) after the words "British Dependent Territories citizen," there were

inserted the words "a British National (Overseas),".

(4) Section 41 of the 1981 Act (regulations and Orders in Council) shall have effect as if—

(a) any reference in it to the 1981 Act included a reference to this Order; (b) in subsection (1)(f) after the word "citizenship" there were inserted the

words "or of the status of a British National (Overseas)";

(c) in subsection (1)(i) after the words "British Dependent Territories citizens," there were inserted the words "British Nationals (Overseas),"; (d) in subsection (2)—

(i) at the end of paragraph (a) there were inserted the words "other than an application for the purpose of acquiring the status of a British National (Overseas)";

(ii) at the end of paragraph (b) there were inserted the words "other

than registration as a British National (Overseas)".

(a) 1981 c.61.

(b) 1983 c.6.

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