TNAG-1387-FCO40-1835-Future-of-Hong-Kong-nationality-and-citizenship-1986 — Page 182

citizens provided by sections 17(2) and (3) of the British

Nationality Act 1981. These provide that a child born outside

the Dependent Territories is entitled to be registered as

BDTC if an application is made within 12 months of the birth and

if:

a)

his or her mother or father ("the parent in

question") was a BDTC by descent at the time

of the birth and

b)

the father or mother of the parent in question

was a BDTC otherwise than by descent at the

time of the birth of the parent in question,

or became such a BDTC on 1 January 1983,

would have done so but for his or her death;

and

or

6.

c)

the parent in question, unless the child is

born stateless, was in a Dependent Territory.

for some period of 3 years prior to the birth,

without being absent for more than 270 days

during that period.

Article 6(5) qualifies Article 6(3) to the extent that

section 17(4) of the British Nationality Act 1981 qualifies

section 17(2). That is to say, it empowers the Secretary of

State to accept an application within 6 years rather than

12 months of birth, if he thinks fit in the special circumstances

of any particular case.

+

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