THE CONVENT GIBRALTAR
,1990
11:28
2. "
350 55729
P.04
6.
Turning to the question of acquiring British Dependent Territory citizenship by virtue of connection with Gibraltar, I find
I find that the Secretary of State has a number of areas of discretion contained in paragraph 6 of Schedule 1 to the British Nationality Act 1981.
In particular, he can regard an applicant for citizenship as having satisfied the
the requirements about being present in the territory during the preceding five years, even though the applicant has, in fact, not been present for the required time.
7. In the light of your comment on the UK approval it would seem that we could have а compatible approach (i.e. seeking to
to keep skilled people in Hong Kong), by using our own Immigration Control Procedures, and the provisions of the British Nationality Act 1981. This would depend on an undertaking from the
the Secretary of State that in respect of, possibly, an agreed number of Hong Kong residents, he would waive the requirements in paragraph 5 of Schedule 1 of the 1981 Act.
8. In practice, the Secretary of State has devolved to yourself the administration of that part of the Act so far as Gibraltar is concerned. I would, however, accept that in a matter of policy which touches on such а sensitive issue for the United Kingdom, it would be appropriate for the matter to be put to the Secretary of State, and it would clearly assist us in our dealings with Hong Kong residents wishing to come to Gibraltar, for us to be able to give a clear statement of UK Government policy as well as
as the policy of this Government.
Could
ask therefore,
that the
the matter be referred back to the Foreign and Commonwealth Office, with our proposals
our proposals and with The request that we hear from them their reaction and any conditions or constraints which they would feel appropriate.
Chief Minister