C
Kong on or after 1 January 1983 to parents who are Gibraltarians and who
are in Hong Kong temporarily will not lose his BDTC status in 1997 just
because of his birth in Hong Kong.
5.
Article 2(1)(b) brings within the Order people who became BDTCs through adoption, or whose parents were adopted by parents who are Hong Kong BDTCs. This provision accords with the provision for acquisition of BDTC status by adoption under section 15(5) of the British Nationality Act 1981 whereby a child adopted in a Dependent Territory becomes a BDTC if the adopter or, in the case of joint adoption, one of the adopters is a BDTC. This Article is therefore so framed as to include all those people at least one of whose adoptive parents is a British Dependent Territories citizen by virtue of a connection with Hong Kong, irrespective of where
the adoption actually took place.
6. Article 2(1)(c) brings within the Order people registered outside Hong Kong whose applications were based on their residence in Hong Kong, or their descent from or marriage to a person connected with Hong Kong,
or their Crown Service there. Registration may have taken place outside
Hong Kong on the basis of a connection with Hong Kong, since certain of the registration provisions contained in the British Nationality Act 1948 did not contain any residential qualifications.
7.
Article 2(1)(d) brings within the Order people born to parents
settled in Hong Kong at the time of the birth, whether or not the parents are BDTCs. It is specifically aimed at people born in another dependent territory outside Hong Kong, since people born in Hong Kong are already covered by Article 2(1)(a). 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 setiled in a Dependent
Territory acquires British Dependent Territories 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.
the child of a person settled in Hong Kong who is born outside Hong Kong while his or her parents were temporarily absent is regarded as having
a connection with Hong Kong for the
Thus
F.3.2
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