TNAG-1125-FCO40-1400-British-Nationality-Act-1981-and-the-Dependent-Territories-1982 — Page 66

A

B

B

CODE 18-77

HKG 340/1

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Mr Heald, ECD(I)

сп

Reference GNN 340/1(40)

m.hwerty o

I told M. Brown that from

"HK" point of brew

29

ex

"noorjutor"

possible.

also "no

but grotful of it and be played

exente as little west aes

GIBRALTAR

DEFINITION OF A UK NATIONAL FOR EC PURPOSES. Fide

objisha but WIAD

Shel

1. As you know we have after many exchanges reached interdepartmental agreement on the draft Declaration at Annex A, paragraph (c) of which covers UK nationals connected with Gibraltar. We were about to seek FCO Ministers' approval of the draft and for the necessary depository action to be put in hand urgently, viz submission to the Scrutiny Committees and subsequent presentation to the Council of Ministers for formal deposit with EC in substitution for the 1972 Declaration.

2.

4

normally See-Sein

SEC (31)

However, the Attorney-General of Gibraltar Mr D Hull, visited NTD and the Legal Advisers on 20 September to discuss draft proposals for submission to Gibraltar Ministers for changes in Gibraltar legislation immediately necessary in consequence of BNA 1981. The proposals include

(i)

}

-

amending the Immigration Control Ordinance (not a 'defined domestic subject') to provide inter alia that a BDTC by virtue of a connection with Gibraltar will not be subject to any restriction on entry or residing in Gibraltar.

(ii), amending the Gibraltarian Status Ordinance (a

'defined domestic subject') so that all persons who are BDTC by virtue of a connection with Gibraltar should be entitled to Gibraltarian status.

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(iii) to amend the Interpretation and General Clauses

Ordinance to define a 'BDTC by virtue of a connection with Gibraltar'. (see (i) and (ii) above) as

'(a) a person who is a British. Dependent Territories citizen by virtue of any provision of any of sections 15, 16, 17, 18 and 19 of the British Nationality Act 1981, where the dependent territory referred to in every such provision that is material to his becoming such a citizen in(is?) Gibraltar;

'(b)

a person, being a British Dependent Territories citizen, who becomes such a citizen on the commencement of the British Nationality Act 1981, under section 23 of that Act, where the dependent territory referred to in every provision in that section that is material to his becoming such a Citizen in (is?) Gibraltar; 1

The draft proposals and Bills are attached.,

3.

In submitting in February 1981 for FCO Ministers' directions on the re-definition required by BNA 1981 (then a Bill) Mr Jones recommended that in addition to covering all those who are covered by the 1972 definition we should if necessary be prepared

·

/to

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