TNAG-1081-FCO40-1331-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 200

NI

Σ

Mr Jones

N&TD

Cc: Mr Clift (HKGD)

Mr Daunt (SED)

CONFIDENTIAL

Reference....

NATIONALITY BILL: DEPENDENT TERRITORIES

S.S.A...

гра

3401

HKK

5000

KARAVAN DE REAGIRY NO. 51

25 FEB 1981

DESK OFFICER

INDEX

PA

REGISTRY

Action Taken

Plis 3013

1. We were interested to read Mr Clift's minute to you of 17 February and the Governor of Gibraltar's letter of 10

February. (f)

64A

2. The Falkland Islanders and their lobby in the UK will be watching closely for any attempt to distinguish between individual dependent territories in the new nationality legislation. They have been told that all dependent terri- tories will be treated alike and that this is one of the reasons why their request for full British Citizenship cannot be granted. Any departure from that principle now for Gibraltar would be certain to lead to demands for similar treatment from the Islands. Such demands would be hard to resist.

3. As for the relative merits of collective citizenship of the Dependencies and separate citizenships for individual territories, it is our judgement (supported by the Governor our telno 29 and his telno 36 refer) that the Islanders would find it awkward in practice to have a separate citizenship for the Islands. But we cannot be sure without formally consulting the Island Councillors, and this we are reluctant to do unless and until the proposal outlined by Sir William Jackson (paras 5-7 of his letter) comes to be regarded as a starter.

4.

For

In his minute, Mr Clift raises the question of the citizenship of those CBTDs who lose control over the territory from which they derive their citizenship. the Falklands this could only occur

in 2 ways:

(i) as the result of a settlement which resulted in Argentina being given sovereignty; or (ii) Argentine physical intervention.

In (i) any negotiated settlement would necessarily have to include provisions on nationality. We should certainly press

at such a time for all Islanders who did not wish to remain under Argentine sovereignty to be given the right of abode in the UK. The moral and practical arguments in favour of this would, I think, far outweigh any technical objections. In the event of (ii), the Home Secretary's recent assurance would be invoked. There could be no question of preventing an Islander in such circumstances from taking up residence here.

5. As the Falklands' circumstances are unlikely to change except as outlined above, I doubt whether Mr Clift's proposed 5 yearly review would make any practical difference. But if it were generally agreed that such a provision would take some

CODE 18-77

CONFIDENTIAL

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