6.
However
As for the question of a Hong Kong BDTC being able to become a Gilbratar BDTC, there has been some correspondence with the Home Office about this. The Home Office have said that it will be possible for British Nationals (Overseas) (the successor status to HKBDTC) to apply on or after 1 July 1997 for naturalisation as BDTCs in Gibraltar. they do not propose to dispense with the residence requirements specified in paragraph 5(2)(a) and (b) of schedule 1 of the British Nationality Act 1981. The purpose of these requirements is to enable an applicant to demonstrate personal (not merely financial) connections with the territory whose citizenship he seeks, and to facilitate an assessment of his character and further residence intentions.
7.
The Governor of Gibraltar's office asked us on 28 January to make the point to the Home Office that although on nationality matters the Governor's delegated powers did not allow him to dispense altogether with the statutory residence requirements for naturalisation as a BDTC under the BNA 1981, permanent residence in Gibraltar was purely a matter for the Governor and not a Home Office responsibility. On this basis, provided potential Hong Kong immigrants could prove that they had the ability to contribute to Gibraltar's economy the Governor should have discretion to shorten the normal residency period of 5 years after which the holder of a residence permit could be allowed to apply for BDTC nationality. These arguments have now been put to the Home Office and we are awaiting their comments.
J Greenstock
MANAIN
JRB