如果某人是「1981年英國國籍法」通過前以CUKC身份出生, 然而其父親、母親於該國籍法通過後分別成為英國公民 (英國出生) 與英國屬土公民 (香港出生), 雖然他能夠取得英國公民身份, 不過1981年英國國籍法只寫明了任何在英國/合資格地域 (United Kingdom/qualifying territory) 之內或之外出生, 只要父母其中一方是英國公民, 分別會被視為 citizen otherwise by descent 及 citizen by descent.
由於英國/合資格地域沒有提及香港, 香港回歸後他會被視為 citizen by descent 還是 citizen otherwise by descent?
Thanks, however I already understand your information.
I want to confirm whether the status of 'otherwise by descent' or 'by descent' could have changed as the definition of UK/qualifying territory could have been altered to exclude Hong Kong after the transfer of sovereignty.
- ?Lv 76 年前最愛解答
You are thinking too complicated. "By descent" simply means you inherit the citizenship through your parents. "Otherwise by descent" means all other means, such as registration, naturalization, as well as birth in the U.K. (before the enactment of British Nationality Act 1981).
Simply saying, since the citizenship is acquired through parents, it is considered as by descent.
The only exception is if the person is born in the U.K. Then it will be otherwise by descent.
2014-11-13 16:55:23 補充：
The answer to your question is no.
It is based on the exact moment the person accquired the citizenship.