BRITISH NATIONALITY PART I GENERAL Citation and commencement 1 These Regulations may be cited as the British Nationality (Hong Kong) Regulations 1986 and shall come into operation on 1st July 1987. Interpretation 2 1 In these Regulations, unless the context otherwise requires, the following expressions have the meanings hereby assigned to them, that is to say— “ the Act ” means the British Nationality Act 1981; “ applicant ” in relation to an application made on behalf of a person not of full age or capacity means that person; “ High Commissioner ” means , in relation to a country mentioned in Schedule 3 to the Act, the High Commissioner for Her Majesty's Government in the United Kingdom appointed to that country, and includes the acting High Commissioner. 2 In these Regulations, unless the context otherwise requires, any reference to a Regulation or Schedule shall be construed as a reference to a Regulation contained in these Regulations or, as the case may be, to a Schedule thereto; and any reference in a Regulation to a paragraph shall be construed as a reference to a paragraph of that Regulation. PART II REGISTRATION Applications 3 Any application for registration as a British National (Overseas) under the Hong Kong (British Nationality) Order 1986 shall— a be made to the appropriate authority specified in Regulation 4; and b satisfy the requirements of Part I and, if made on behalf of a person not of full age or capacity, Part II of Schedule 1. Authority to whom application is to be made 4 1 The authority to whom an application is to be made is as follows:— a if the applicant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office; b if the applicant is in any of the Islands, to the Lieutenant-Governor; c if the applicant is in a dependent territory, to the Governor; d if the applicant is in a country mentioned in Schedule 3 to the Act, to the High Commissioner or, if there is no High Commissioner, to the Secretary of State at the Home Office; e if the applicant is elsewhere, to any consular officer, any established officer in the Diplomatic Service of Her Majesty's Government in the United Kingdom or any person authorised by the Secretary of State in that behalf. Persons not of full age or capacity 5 An application may be made on behalf of someone not of full age or capacity by his father or mother or any person who has assumed responsibility for his welfare. PART III RENUNCIATION AND DEPRIVATION Declarations of renunciation 6 Any declaration of renunciation of the status of a British National (Overseas) made under section 12 of the Act shall— a be made to the appropriate authority specified in Regulation 7; and b satisfy the requirements of Schedule 2. Authority to whom declaration of renunciation is to be made 7 The authority to whom a declaration of renunciation is to be made is as follows:— a if the declarant is in Great Britain or Northern Ireland, to the Secretary of State at the Home Office; b if the declarant is in any of the Islands, to the Lieutenant-Governor; c if the declarant is in a dependent territory, to the Governor; d if the declarant is in a country mentioned in Schedule 3 to the Act, to the High Commissioner or, if there is no High Commissioner to the Secretary of State at the Home Office; e if the declarant is elsewhere, to any consular officer, any established officer in the Diplomatic Service of Her Majesty's Government in the United Kingdom or any person authorised by the Secretary of State in that behalf. Notice of proposed deprivation of status 8 1 Where it is proposed to make an order under section 40 of the Act depriving a person of the status of a British National (Overseas), the notice required by section 40(6) of the Act to be given to that person may be given— a in a case where that person'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 that person's whereabouts are not known, by sending it by post in a letter addressed to him at his last known address. 2 Any notice given as aforesaid shall include a statement of the time within which an application for an inquiry under section 40(7) of the Act must be made. Time limit for applying for inquiry 9 Where notice has been given to a person in accordance with Regulation 8, application for an inquiry under section 40(7) of the Act shall be made— a if the notice was given by the Secretary of State and that person is in the United Kingdom (including the Islands) at the time when the notice is given to him, within 21 days from the giving of the notice; b if the notice was given by the Governor of a dependent territory and that person is in that territory at the time when the notice is given to him, within 21 days from the giving of the notice; c in any other case, within 42 days from the giving of the notice. Cancellation of registration of person deprived of Status 10 Where an order has been made depriving a person who is a British National (Overseas) of that status, the name of that person shall be removed from the relevant register. PART IV SUPPLEMENTAL Evidence 11 A document may be certified to be a true copy of a document for the purpose of section 45(2) of the Act by means of a statement in writing to that effect signed by a person authorised by the Secretary of State, the Lieutenant-Governor, the High Commissioner or the Governor in that behalf. Douglas Hurd One of Her Majesty's Principal Secretaries of State Home Office 9th December 1986