E.R.
From: Mr C J Kelly
B4 Division
India Buildings GTN 4126-309
2 February 1993
Mr Roberts
Private Office
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Mr Griffith
Mr Rawsthorne
Mr Walmsley
Mr Morris
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Hong Kong Dept. FCO Mr Carter
Southern European
Dept. FCO
8
ACQUISITION OF BRITISH NATIONALITY IN GIBRALTAR BY HONG KONG RESIDENTS
You telephoned some days ago to tell me that Lord Merrivale had asked Lord Ferrers about rumours that Gibraltar had agreed to grant residents of Hong Kong some form of British nationality. You asked for advice and a draft reply.
Lord Merrivale's information is inaccurate. is as follows.
2.
The situation
3.
Gibraltar have been exploring privately with the Foreign Office and Home Office since early 1990
Office since early 1990 the possibility of attracting investment from wealthy Hong Kong residents in return for a) the grant of resident status in Gibraltar and b) British nationality without the people concerned having to leave Hong The concept is based upon the Kong and reside in Gibraltar. British nationality scheme devised for Hong Kong in 1990, where the need for the is citizenship British
granted without applicants to fulfil the normal UK residence requirements.
4.
Both we and FCO have explained the difficulties with this, which stem from the provisions of the British Nationality Act 1981 (the British Nationality (Hong Kong) Act 1990 does not apply these are that any potential Essentially to Gibraltar). investors who are already British Dependent Territory citizens (BDTCS) through a connection with Hong Kong (and more than half the population of Hong Kong hold this status) cannot apply to They cannot become BDTCs through a connection with Gibraltar. apply for BDTC status if they already have it. Secondly, anybody wishing to become a Gibraltar BDTC would need to fulfil the The grant of residence requirements laid down in the 1981 Act. BDTC when there has been no residence in the territory would be some residence but when there has been unlawful and significant absences these absences ought not to be waived unless
even
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