D Blain Esq
Security Branch
Government Secretariat HONG KONG
Page
CONFIDENTTAL
HKK 340/1.
*77
No visit di イゴ
233-4381
LAST PARTS
31 October 1977
NATIONALITY MATTERS
1.
Bill Fullerton in Southern European Department has asked me to reply to your letter of 25 August about the rights of entry at present enjoyed by Gibraltarians. I am sorry that the need to obtain clearance for what follows has caused this reply to be some- what delayed.
2. The population of Gibraltar as a whole acquired no rights by virtue of its (partial) evacuation to Britain during the Second War (except for those, of course, who were born in this country as a result of the evacuation). However, Gibraltar does indeed have a special relationship with the EEC. Article 227 (4) of the Treaty of Rome reads:
"The provisions of this Treaty shall apply to the European territories for whose external relations a member state is responsible."
With certain exceptions negotiated separately on behalf of the Gibraltar Government at the time of our accession (which had no bearing on the question of facilitating free movement), the Articles of the Treaty therefore apply to Gibraltar, which is, of course, the only British Dependent Territory in Europe.
3. Gibraltar is also in a unique position because of the restrictions imposed by Spain. The special difficulties which these restrictions cause have led to the introduction of administrative arrangements under which Gibraltarians, although subject to immigration control, are given leave to enter the United Kingdom without restriction as to time or employment. The origin of these arrangements goes back to the time of the 1968 Commonwealth Immigrants Act when George Thomson, the then Commonwealth Secretary, said:
"... the circumstances in Gibraltar are quite unique fortunately in the Commonwealth, and it is in recognition of the unique situation of Gibraltar under these pressures at the moment the pressures nearly amount to those of a siege - that we are making these rather exceptional arrangements under the Act for
the Gibraltarians."
CONFIDENTIAL
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