TNAG-2189-FCO40-3126-Hong-Kong-nationality-package-1990 — Page 190

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as BC's. However, their citizenship is to be citizenship "by descent" as if it had been acquired under section 2 of the BNA. The result of such a provision will be that any future children born of those children will not be British citizens if they are born abroad (unless, of course, they happen to have married a

vas ?ntry

person who is a British citizen "otherwise than by descent" in 21 (9)

which case they will acquire British citizenship from that other spouse). Similarly, if the spouse of an HK BDTC registered under this Bill has children by a subsequently acquired spouse who is a non-British citizen, those children will not, by virtue of section 2(1)(a) of the BNA, be British citizens unless they are born in the UK (and thus acquire citizenship under section 1).

sponse The wives and children of an HK BDTC registered under the Bill should not receive British citizenship automatically. They should have an entitlement, on application, to be registered as British citizens. The reasons for this is that some spouses (and indeed some children) may be foreign citizens and may not wish to acquire BC status automatically on the registration of the head of household under the Bill. [Any other reasons?]

ALSO

BAD CHARACTER

or BDTCS

A

4.18 Clearly, under these general rules there is scope for abuse. An HK BDTC registered under the Bill could divorce his spouse and go through a marriage ceremony with the spouse of an unsuccessful applicant in order to give that spouse an opportunity to register under the Bill. Such a spouse could not of course "pass on" the opportunity to register to her "real" husband or their children but she could come to the UK and, having re-married her "real" husband, entitled, under the Immigration Rules, to be joined in the UK by her real family. [It has been decided not to include provision in the Bill to deal with this potential mischief

because

For

example

(a) few of the 50,000 are in practice likely to conduct themselves in this way;

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