TNAG-1125-FCO40-1400-British-Nationality-Act-1981-and-the-Dependent-Territories-1982 — Page 46

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

E

DSR 11C

as the Falkland Islands and Hong Kong, and BNA 1981 is

not yet in force. Moreover there are no convincing

grounds on which the exclusion of the present excluded

categories can be defended, nor can we discover whether

they were intentionally or unintentiaonlly omitted from

the 1972 Declaration. A list of the categories then

excluded is at Flag E.

(b)

Although the Declaration is to be deposited in EC

as a unilateral statement, in order to avoid criticism

it should be as close as possible in scope and form to

the current Declaration. As to scope, we can in EC say

that the numbers of Gibraltar people to be added by the

new Declaration are believed to be very small compared

with those already covered by the 1972 Declaration. Nor

is there any risk of repercussions elsewhere since there

are no other dependent territories in Europe and section

5 of BNA 1981 is limited to Gibraltar. As to form, the

definition now proposed is more basic than the present

one and does not define the connection with Gibraltar

by virtue of which those covered would qualify as BDTC

(formerly CUKC). To meet demands for an explanation of

an amplifier clapenation its coverage, we have prepared a draft supplementary

document (attached) which can be drawn on by UKREP

Brussels in presenting the Declaration, and used

subsequently for reference in answering questions about i

(c) It seems preferable that any controversy about the

definition in respect of Gibraltarians should take place

in Brussels rather than in Parliament.

(d) We have previously hesitated about including minor

BDTCS by adoption in Gibraltar because of the risk of

abuse by means of adoptions of convenience in order to

secure BC. We have however reconsidered this in the ligh

/of

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.