TNAG-0660-FCO40-809-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 6

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CONFIDENTIAL

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Mr Brown &VD)

HONG KONG AND GIBRALTAR: NATIONALITY LAW AND NEW PASSPORTS

1. You asked for comments on the draft submission attached to your circular minute of 13 June about the European uniform passport. At the same time Mr Amy, in his letter of 15 June to Mr Lee in the Home Office, has said that he would welcome comments on the enclosed draft letter to Mr Davies in Hong Kong about various pointe arising from the Green Paper on Nationality Law. Perhaps I could deal with both requests at once since my comments are similar in both cases,

2. In his proposed answer to a query Mr Davies has raised on free movement within the EEC, Mr Amy states that "there would be two exceptions" (to those to whom a new definition of United Kingdom nationals for EEC purposes based upon British citizenship" would apply) "the first is likely to be Gibraltarians as at present, who would be British overseas citizens under suggested legislation ... In paragraph 4 of your draft submission, dealing with groups to whom different types of passports would be issued, you say that "United Kingdon nationals would thus include ... British Overseas Citizens with origins in Gibraltar". I am prompted to ask why Gibraltar is an exception in both cases while other dependent territories, including Hong Kong and, e.g. the Falklands, will apparently be treated in a less Avantageous manner.

3. In the case of Hong Kong you will have seen from paragraph 2(b) of my Jinute of 10 June recording the substance of Lord Goronwy-Roberts' recent meeting with senior Unofficials in Hong Kong's Executive and Legislative Councile that Sir Y K Kan wished to know if it were proposed that the "nhabitants of Gibraltar and the Falklands should be treated differently from those of Hong Kong" and added that if that were to be the case, it would be seen as a clear indication that HG as considering a loosening of its ties with Hong Kong and some relaxation of our responsibilities.

4. We agreed that my department would take the lead in preparing a draft reply to the Governor of Hong Kong's letter of 21 May to Lord Goronwy-Ronerts and to the statement which Sir Y K Kan and Dr S Y Chung left with the Minister of State. Before action proceeds on that front (and before the proposed letter to Mr Davies is issued) I should like to know more about the exceptions that are being made in favour of Gibraltar. Our defence of these exceptions will have to be cast iron in the face of criticism from Hong Kong and, possibly, other dependent territories that we are treating them less generously than Gibraltar. In short, I should be grateful if you would let me know:

i) how it has come about that British Overseas Citizens in Gibraltar would be treated as though they were British Citizens with regard to (a) the type of passport with which they would be issued, and (b) the right of free movement within Europe;

CONFIDENTI AL