TNAG-1392-FCO40-1864-Future-of-Hong-Kong-briefing-for-meetings-and-visits-1985 — Page 143

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14.

Article 2 (1) (d) concerns people born in

another dependent territory to parents settled in

Hong Kong at the time of the birth.

It is consistent

with the provisions of section 15(1)(b) of the

British Nationality Act 1981, whereby a person born

in a dependent territory to a non-BDTC settled in a

dependent territory acquires BDT citizenship at

birth. The term 'settled' in a dependent territory

is defined in section 50 (2) of the British

Nationality Act 1981 as 'being ordinarily resident in ....that territory without being subject under the Immigration laws to any restriction on the period for which he might remain'. A person settled in Hong Kong who leaves Hong Kong temporarily still remains settled in Hong Kong, and is therefore covered by this provision. Thus the child of a person settled in Hong Kong who is born in another dependent territory while his or her parents were temporarily

absent from Hong Kong is regarded as having a

connection with Hong Kong for the purposes of the

Order. But the child born in another dependent

territory to 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 ouside Hong Kong will

also be covered by one or more of the other

provisisons of article 2 (1).