The British Nationality (Hong Kong) (Registration of Citizens) Regulations 1990

Citation and commencement

1.  These Regulations may be cited as the British Nationality (Hong Kong) (Registration of Citizens) Regulations 1990 and shall come into force on 1st December 1990.

Interpretation

2.  In these Regulations—

“the Act of 1981” means the British Nationality Act 1981 and any reference to a section of that Act is a reference to that section as it has effect by virtue of section 2(3) of the Act of 1990;

“the Act of 1990” means the British Nationality (Hong Kong) Act 1990;

“applicant” means an applicant for a recommendation and, for the purposes of the provisions of these Regulations relating to the notification of decisions, includes a person who applies on behalf of a person not of full age or capacity;

“the Governor” means the Governor of Hong Kong;

“recommendation” means a recommendation by the Governor to the Secretary of State that a person should be registered as a British citizen pursuant to section 1(1) of, or Schedule 2 to, the Act of 1990.

Notification of decisions

3.—(1) When the Secretary of State has made a decision as to whether or not to register a person as a British citizen pursuant to a recommendation, he shall cause notice in writing of the decision to be given to the Governor and to the applicant.

(2) Any notice required by paragraph (1) above to be given to an applicant may be given—

(a) in any case where the applicant’s whereabouts are known, by causing the notice to be delivered to him personally or by sending it to him by post;

(b) in a case where the applicant’s whereabouts are not known, by sending it by post in a letter addressed to him at his last known address.

Oaths of allegiance

4.—(1) Where an oath of allegiance is required by section 42 of the Act of 1981 to be taken by an applicant it shall be administered in accordance with the requirements of the Schedule to these Regulations.

(2) The oath of allegiance shall be taken within three months of the giving of the notice pursuant to regulation 3 above or such longer time as the Secretary of State may allow.

Evidence

5.  A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act of 1981 by means of a statement in writing to that effect signed by a person authorised by the Secretary of State or the Governor in that behalf.

David Waddington

One of Her Majesty’s Principal Secretaries of State

Home Office

7th November 1990