TNAG-1125-FCO40-1400-British-Nationality-Act-1981-and-the-Dependent-Territories-1982 — Page 59

CONFIDENTIAL

ANNEY

CONFIDENTIAL

PRIORITY FROM GIBRALTAR 111145Z OCT 32

TO FCO TEL NC 86 OF 11 10 82

BRITISH NATIONALITY ACT 1981

CHIEF MINISTER HAS BEEN CONSULTED ON THE DRAFT OF THE REVISED DECLARATION OF THE TERM +UNITED KINGDOM NATIONAL FOR COMMUNITY PURPOSES+, DISCUSSED BETWEEN NTD/SED AND GIBRALTAR ATTORNEY- IN GENERAL ON 27 SEPTEMBER. WE NOTE THAT THE DRAFT INCLUDES, RELATION TO GIDRALTAR, ALL PERSONS WHO COME WITHIN THE EXISTING DECLARATION AND THAT IT WILL ALSO COVER SOME BUT NOT ALL OF THOSE OTHER PERSONS WHO WILL BE BDTCS BY VIRTUE OF A CONNECTION WITH GIBRALTAR. HASSAN FULLY ACCEPTS THAT THE OVERRIDING PRIORITY MUST BE TO GET THE DRAFT DECLARATION FINALISED BY COMMENCEMENT DATE OF BNA 1981. FOLLOWING COMENTS SHOULD THEREFORE BE CONSIDERED AGAINST THAT RECOGNITION.

2. IT IS THE GIBRALTAR GOVERNMENTS VIEW THAT THE DECLARATION SHOULD COVER ALL PERSONS WHO AFTER COMENCEMENT WILL BECOME SRITISH DEPENDENT TERRITORIES CITIZENS BY VIRTUE OF A CONNECTION WITH GIBRALTAR.

3. GIBRALTAR WILL AFTER COMMENCEMENT BE EXPECTED ( RIGHTLY WE THINK) TO OFFER UNRESTRICTED RIGHT OF RESIDENCE TO SUCH PERSONS. WE CONSIDER THAT, EQUALLY, THOSE PERSONS SHOULD ENJOY COMMUNITY NATIONAL STATUS. WE ARE ALSO CONCERNED TO MINIMISE DIFFERENCES IN STATUS AMONGST THOSE WHO ARE GIBRALTAR BELONGERS. WE SHOULD THEREFORE BE GRATEFUL IF CONSIDERATION COULD BE GIVEN TO WIDENING THE DRAFT DECLARATION TO INCLUDE PERSONS WHO WILL DECOME BOTCS UNDER SECTIONS 16(1), 23(1)(B), 23(1)(C), 23(3), AND 23(4) OF THE 1981 ACT, BY REASON OF A GIBRALTAR CONNECTION. 4 ADDITIONALLY, UNDER SECTION 15(3) FOUNDLINGS ARE DEEMED TO HAVE BEEN BORN IN GIBRALTAR IN SPECIFIED CIRCUMSTANCES AND UNDER SECTION 15(5) A CHILD CAN BECOME ENTITLED TO BDTC STATUS BY REASON OF AN ADOPTION ORDER MADE BY A GIBRALTAR COURT IN FAVOUR OF ONE OR MORE GIBRALTAR BELONGERS. THESE APPEAR TO US TO BE ANALOGOUS WITH ACQUISITION OF BDTC BY BIRTH. ALTHOUGH ONLY VERY SMALL NUMBERS OF PERSONS ARE LIKELY TO BE AFFECTED, WE SHOULD LIKE TO SEE THE DECLARATION CLEARLY COVER THESE TWO CATEGORIES WHICH WE TAKE TO BE UNEXCEPTIONABLE.

5.

LETTER FOLLOWS CONFIRMING TELECON WILDE/ROONEY CLEARING

UP REMAINING POINTS E.G. YOUR TEL 41.

NEILSON

[THIS TELEGRAM WAS NOT ADVANCED]

MINIMAL NTD

SED

NEWS D

CONFIDENTIAL

Aliy

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