TNAG-0661-FCO40-810-Implications-for-Hong-Kong-of-changes-in-British-nationality-1977 — Page 62

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CONFIDENTIAL

REGISTRY NO. 51

1 AUG 1977

66

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Mr Stewart

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1

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(HK&GD)

Thank you for your minute of 23 June in which you asked a number of questions with regard to the treatment of Gibraltarians in nationality and passport matters and the comparison with the treatment of citizens of other dependent territories. I realise that dependent territories may feel aggrieved at some of the possibilities discussed in the Green Paper on Nationality Law, we shall be interested in their views, they are of course invited in the Green Paper, and they will be carefully considered in relation to the preparation of a White Paper or draft legislation. The complaint of lack of uniformity clearly illustrates the dangers of making any concessions. If the concession is made to a small group of people it will be demanded by larger groups who consider themselves to be similarly placed and equally entitled. We must therefore consider the question of any concessions very carefully indeed.

2 You raise 3 questions, the first, 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 will be issued;

(b) the right of free movement within Europe.

If I may take the second part of the question first, Gibraltar has a status in the EEC by virtue of Article 227 (4) of the Treaty of Rome which reads, "The provisions of this Treaty shall apply to the European territories for whose external relations a member state is responsible". With certain minor exceptions negotiated separately on behalf of the Gibraltar Government at the time of our accession, which did not include that of facilitating free movement, the Articles of the Treaty apply to Gibraltar. Gibraltar is a special case to the extent of it being the only British dependent territory in Europe. The Gibraltarians' right of free movement within Europe stems directly from the Treaty of Rome and it does not seem to me to be necessary to justify this position in regard to the other dependencies, but only to explain the basis of her position.

3

Returning to the first part of your question, the reason why we are working (confidentially) towards ensuring that Gibraltarians should have the proposed EEC uniform passport stems from their position in the Community. The present definition of a "United Kingdom national" for Community purposes already covers those citizens of the United Kingdom and Colonies deriving such citizen- ship from their connection with Gibraltar. Although under the proposals in the Green Paper they would become British overseas citizens, it is Ministers' intention that they should be covered under a new definition of United Kingdom national when the time

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