British Nationality (Hong Kong) Act 1997

SCHEDULE

Section 1(2).

U.K. Persons having a connection with Hong Kong

1 (1) A person shall be taken to have a connection with Hong Kong for the purposes of section 1(2) of this Act if— U.K.

(a) subject to paragraph 2 below, he, his father or his mother was born, naturalised or registered in Hong Kong or found abandoned there as a new-born infant;

(b) he, his father or his mother was adopted (whether or not in Hong Kong) and the adopter or, in the case of a joint adoption, one of the adopters was at the time of the adoption a British Dependent Territories citizen by virtue of his having a connection with Hong Kong as specified in this Schedule;

(c) he, his father or his mother (“the registered person”) was registered outside Hong Kong on an application based (wholly or partly) on any of the following—

(i) residence in Hong Kong;

(ii) descent from a person born in Hong Kong;

(iii) descent from a person naturalised, registered or settled in Hong Kong (whether before or after the birth of the registered person);

(iv) descent from a person adopted (whether or not in Hong Kong) in the circumstances specified in sub-paragraph (b) above;

(v) marriage to a person who is a British Dependent Territories citizen by virtue of his having a connection with Hong Kong as specified in this Schedule or would, but for his death or renunciation of citizenship, be such a citizen by virtue of his having such a connection;

(vi) Crown service under the government of Hong Kong;

(vii) where the registered person had previously renounced citizenship of the United Kingdom and Colonies, or British Dependent Territories citizenship, birth, naturalisation or registration in Hong Kong;

(d) at the time of his birth his father or mother was settled in Hong Kong;

(e) his father or mother was born to a parent who at the time of the birth was a citizen of the United Kingdom and Colonies by virtue of his having a connection with Hong Kong as specified in this Schedule; or

(f) being a woman, she was married before 1st January 1983 to a man who is a British Dependent Territories citizen by virtue of his having a connection with Hong Kong as specified in this Schedule or would, but for his death or renunciation of citizenship, be such a citizen by virtue of his having such a connection.

(2) In sub-paragraph (1) above “registered” means registered—

(a) as a British Dependent Territories citizen, or

(b) before 1st January 1983, as a citizen of the United Kingdom and Colonies;

and “registration” shall be construed accordingly.

2 U.K. A person born in Hong Kong on or after 1st January 1983 shall not be taken to have a connection with Hong Kong as specified in paragraph 1(1)(a) above by virtue of his birth there unless, at the time of his birth, one of his parents was—

(a) settled in Hong Kong; or

(b) a British Dependent Territories citizen by virtue of his having a connection with Hong Kong as specified in this Schedule.