Mento 2412
Legal
Mr Grainger
Legal Advisers
ж
Reference....
GNN 340/393/1
279
HAM Ouoly
RECEIVED AEGISTRY
2 8 FEB 1986
FIGER
REGISTRY Action Taken
1.
A
B-H
B
-hx
K
ん
m
CODE 18-77
AWO Ltd. 7/84
Several months ago Hong Kong enquired whether a child who is a BDTC by birth in Gibraltar after 1.1.83 of parents settled in Hong Kong qualifies for registration as a British citizen under Section 5 of the BNA 1981 be reason of his connection with Gibraltar
See HHH 040/4 (1985) 344 365 389 525 619)
2.
I attach copies of minutes and correspondence which have since been exchanged on this subject and I apologise for the lack of action in recent weeks due to pressure of other work. As you will see from para 5 of my minute of 21 August last to Mr Hill and its flagged references, HMG's interpretation of who is a UK national for EC purposes by reason of a connection with Gibraltar encompasses any person who derives his BDTC status wholly or partly from Gibraltar. On the other hand Gibraltar's interpretation, based on their amended Immigration Control Ordinance, appear to be that, if more than one dependent territory connection is required for the acquisition of BDTC status, then the dependent territory must in each case be Gibraltar. A copy of the Immigration Control (Amendment) Ordinance 1983 is attached, together with a copy of the original 1964 Ordinance. Also attached is the Bill which led up to the 1983 Amendment and which has an explanatory memorandum.
3. I have checked again through the 1982 files about the
redefinition of UK national for EC purposes, which was necessary because of the introduction of the BNA 1981. In their tel no. 86
of 11.10.82 Gibraltar acknowledged that all persons who would be BDTCs by virtue of a connection, with Gibraltar should have unrestricted right of residence in the territory. The Attorney General in Gibraltar had visited the FCO to discuss proposed amendments to Gibraltar legislation and had left an explanatory brief to which first drafts of 3 Ordinances were attached. The amendment to the Immigration Control Ordinance was redrafted considerably before it was presented as a Bill. Library and Records have been unable to find any record of amendments being made to the Interpretation and General Clauses Ordinance or to the Gibraltarian Status Ordinance, as had been proposed initially by the Attorney General. It is not clear why only the Immigration Ordinance was eventually amended (assuming that Library's records, which they have double checked, are complete), but I note that in any event para 2(a) of the first draft proposing amendments to the Interpretation and General Clauses Ordinance implied that, if more than one dependent territory connection was involved, that territory should always be Gibraltar when it read "where the dependent territory referred to in every such provision that is material to his becoming such a citizen is Gibraltar". Such an amending Ordinance would
the therefore have been unlikely to help avoid present conflict, where some children will be regarded by the UK as qualifying for registration under Section 5 of the BNA while Gibraltar does not regard them as having the necessary connection. Nevertheless it
/is
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