TNAG-1083-FCO40-1333-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 20

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RECEIVED IN ROMPAY NO. 51

- 7 MAY 1981

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BESK OLACER INDEX

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REGISTRY Action Takana

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PG075

GIBRALTAR'S INCLUSION IN DEFINITION OF 'NATIONAL' FOR EC PURPOSES

1.

It followed naturally from Gibraltar's forming part of the EC

[though certain provisions of the Treaty did not apply to Gibraltar]

that Gibraltarians should be included in our definition of the term

'national' for the purposes of the Treaty.

2.

The use of the term 'national' in treaties with a specific

definition for each separate treaty is common practice. It appears

in many of our treaties whose provisions affect individuals in

matters governed by treaties. The definiton of national therefore

varies from treaty to treaty according to the circumstances, and

each definition is relevant solely to the purposes of that treaty.

It may cover all or some or none of our dependencies depending on

the circumstances. The definition has no significance in any other

context beyond that treaty.

3.

Perhaps I could give one or two examples drawn from treaties

that deal with avoidance of double taxation and social security,

which are subjects where the position of individuals is clearly

involved. Our Agreement with the Netherlands in 1980 on the Avoidance

of Double Taxation restricted our definition of nationals to CUKCS

(and certain other categories) who had the right of abode in the

United Kingdom; so generally the people from all the dependencies

were excluded. A similar Agreement of 1970 with Finland defined our

nationals as CUKCs who derive their status as such from their

connection with the United Kingdom' and so again excluded the

dependencies. Our Agreement on Social Security with Austria in 1980

however applied to all British subjects and BPPS who are recognised

by the Government of the United Kingdom as its nationals, and so included the people of all the dependencies.

4. So the definition of national to include Gibraltarians in our

accession to the Treaty of Rome was designed for that specific

purpose and no other.

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