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CONFIDENTIAL
AMINEX E.
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CONFIDENTIAL
PRIORITY FROM GIBRALTAR 111145Z OCT 32
TO FCO TEL NC 86 OF 11 10 32
BRITISH NATIONALITY ACT 1981
CHIEF MINISTER HAS BEEN CONSULTED ON THE DRAFT OF THE REVISED DECLARATION OF THE TERM +UNITED KINGDOM NATIONAL FOR COMMUNITY PURPOSES+, DISCUSSED BETWEEN NTD/SED AND GIBRALTAR ATTORNEY- GENERAL ON 27 SEPTEMBER. WE NOTE THAT THE DRAFT INCLUDES, IN RELATION TO GIBRALTAR, ALL PERSONS WHO COME WITHIN THE EXISTING
DECLARATION AND THAT IT WILL ALSO COVER SOME BUT NOT ALL OF THOSE
OTHER PERSONS WHO WILL BE BDTCS BY VIRTUE OF A CONNECTION WITH
GIBRALTAR. HASSAN FULLY ACCEPTS THAT THE OVERRIDING PRIORITY
MUST BE TO GET THE DRAFT DECLARATION FINALISED BY COMMENCEMENT
DATE OF BNA 1981. FOLLOWING COMENTS SHOULD THEREFORE BE
CONSIDERED AGAINST THAT RECOGNITION.
2. IT IS THE GIBRALTAR GOVERNMENTS VIEW THAT THE DECLARATION
SHOULD COVER ALL PERSONS WHO AFTER COMENCEMENT WILL BECOME
BRITISH DEPENDENT TERRITORIES CITIZENS BY VIRTUE OF A CONNECTION
WITH GIBRALTAR.
3. GIBRALTAR WILL AFTER COMMENCEMENT BE EXPECTED ( RIGHTLY
WE THINK) TO OFFER UNRESTRICTED RIGHT OF RESIDENCE TO SUCH
PERSONS. WE CONSIDER THAT, EQUALLY, THOSE PERSONS SHOULD ENJOY COMMUNITY NATIONAL STATUS. WE ARE ALSO CONCERNED TO MINIMISE
DIFFERENCES IN STATUS AMONGST THOSE WHO ARE GIBRALTAR BELONGERS.
WE SHOULD THEREFORE BE GRATEFUL IF CONSIDERATION COULD BE GIVEN
TO WIDENING THE DRAFT DECLARATION TO INCLUDE PERSONS WHO WILL DECOME BDTCS UNDER SECTIONS 16(1), 23(1)(B), 23(1)(C), 23(3), AND 23(4) OF THE 1981 ACT, BY REASON OF A GIBRALTAR CONNECTION. 4. ADDITIONALLY, UNDER SECTION 15(3) FOUNDLINGS ARE DEEMED TO HAVE BEEN BORN IN GIBRALTAR IN SPECIFIED CIRCUMSTANCES AND
UNDER SECTION 15(5) A CHILD CAN BECOME ENTITLED TO BDTC STATUS
BY REASON OF AN ADOPTION ORDER MADE BY A GIBRALTAR COURT IN
FAVOUR OF ONE OR MORE GIBRALTAR BELONGERS. THESE APPEAR TO
US TO BE ANALOGOUS WITH ACQUISITION OF BDTC BY BIRTH. ALTHOUGH ONLY VERY SMALL NUMBERS OF PERSONS ARE LIKELY TO BE AFFECTED, WE SHOULD LIKE TO SEE THE DECLARATION CLEARLY COVER THESE TWO
CATEGORIES WHICH WE TAKE TO BE UNEXCEPTIONABLE.
5.
LETTER FOLLOWS CONFIRMING TELECON WILDE/ROONEY CLEARING
UP REMAINING POINTS E.G. YOUR TEL 41.
NEILSON
? (2)
(THIS TELEGRAM WAS NOT ADVANCED]
MINIMAL NTD
SED
NEWS D
CONFIDENTIAL