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12 OCT '92 12:10 B4 LINO 051 255 1160

J Woodrow

Hong Kong Department

F.C.O

2 Pages

HKD 340/6

WIVES AND WIDOWS OF EX-SERVICEMEN

P.1/2

M Woodrow

(58)

'x'_ aha! Parliament

did do it. Telegram Телецам

arreded.

Subject to what your own researches have found I think that the proposed reply to the Legco question from Jimmy McGregor should be amended to read

a matter for HMG to decide. These . matters were fully considered during the passage of the 1990 Bill and subsequently/HMG believe that they have done as much as they can to meet the needs of these groups. As the honourable member rightly states...

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2. As to the supplementary questions put by Hong Kong I would suggest the following responses:

A.

B.

Falklanders and Gibraltarians

Most Falklanders (some 1400) had sufficiently close connections with the UK to qualify as British citizens under the British Nationality Act 1981. Private Members legislation was introduced in 1982 with the object of granting British citizenship to the 400 Falklanders who were otherwise to become BDTCS under the 1981 Act. HMG decided not to oppose the measure. They accepted that the circumstances surrounding the Falklands conflict constituted a wholly exceptional case for granting British citizenship to those few hundred who would not otherwise receive it under the 1981 Act.

Gibraltar is unique amongst the Dependent Territories because of its geographical position. BDTCS who hold that status through a connection with Gibraltar were given an entitlement under the 1981 Act to register as British citizens because Gibraltar is a European territory of an EC member state and British nationals who have a connection with Gibraltar fall within the definition of UK national for the purposes of the EC treaties.

Waiving of residence requirement for wives and widows

The wives and widows fall to be considered under the 1981 Act and HMG are not prepared to allow this departure from its principles. It was central to HMG's Hong Kong proposals that existing nationality principles should continue to operate normally except in relation to the 50,000 key personnel selected under the 1990 Scheme. (It is not clear what benefits British citizenship would bring to those who are "old, frail and cannot afford to move to the UK", other than consular protection once the Chinese take over).

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