TNAG-0378-FCO40-424-UK-policy-on-the-future-of-Hong-Kong-after-1997-1973 — Page 23

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WSB3/548/2

SUMMARY OF SPANISH PROPOSALS CONCERNING GIBRALTAR ON THE TABLE AT THE END OF THE MAY 1973 MINISTERIAL TALKS

STATUS OF GIBRALTAR

1. Gibraltar would come under Spanish sovereignty as a terri-

tory fully autonomous in the administrative, legislative,

judicial and financial fields.

LEGAL POSITION

2. The juridical framework of the City of Gibraltar would be

based on:

(i) The fundamental law of Spain (ie the Constitution)

which would apply except as specifically amended to

take account of Gibraltar's special status.

(ii) The Gibraltar Constitution of 1969. which would remain

in force, adapted to recognise Spanish sovereignty.

The amended Constitution would be equally authentic

in Spanish and English.

(iii) The present Ordinances and Laws of Gibraltar which

would remain in force. But Spanish laws would apply

on matters affecting the external and internal security

of the Spanish state.

(iv) International treaties applicable to Gibraltar.

3. Gibraltar law would "override" in matters of contract

and in matters of personal status, ie in everything that

concerned the individual, family, property etc.

NATIONALITY

4. All Gibraltarians could choose either Spanish nationality,

British nationality, or both simultaneously. Those who

chose Spanish nationality would be exempt from military

/service

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