TNAG-0378-FCO40-424-UK-policy-on-the-future-of-Hong-Kong-after-1997-1973 — Page 24

CONFIDENTIAL

2

service in Spain wherever in Spain they might choose to live,

bût would have the right of election to the Cortes.

PERSONNEL

5. The chief authority in Gibraltar would be a civilian

Governor (it was implicit that he would be Spanish). The

Deputy Governor and the President of the Assembly would be

Gibraltarians who had chosen Spanish nationality. The

Attorney-General, the Head of the Police, the Controller of

Accounts and the Secretary for Finance and Development would

be Spaniards or Gibraltarians who had chosen Spanish nation-

ality. Members of the Executive Assembly would be Gibraltarians

of whatever nationality.

JUDICIAL SYSTEM

6. Chief Justice or Appeal Court Judge would have to have

discharged one of the offices mentioned in the preceding

paragraph or to have pradised law for ten years in Gibraltar,

or to be a Spanish judge or lawyer. Only the Civil Governor

could dismiss them, with approval of the Gibraltar Supreme

Court (under the 1969 Constitution this in effect means the

Chief Justice), to which there could also be right of final

appeal from decisions of Appeal Court.

FINANCE

7. Spain would possess overall financial sovereignty, with-

out prejudice to which Gibraltar would be granted "wide

budgetary and fiscal autonomy" including its own Treasury,

funds, services and expenditures, and tax system.

Gibraltar

CONFIDENTIAL

/would