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Mr Hill
CONFIDENTIAL
1.
Mr. Ehrgan
Legal Advisers
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HONG KONG NATIONALITY MATTERS: WITH GIBRALTAR
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In their telegram no 1646, Hong Kong have raised the question of whether a child born in Gibraltar to parents settled in itong Kong will
be a 'BDTC who acquires his citizenship from a connection with 2 wks.,
Gibraltar and so entitled to registration as a British citizen under the provisions of Section 5 of the BNA 1981. If this is the case, it could obviously provide a loophole for some Hong Kong parents to secure an entitlement to British citizenship for their future children between now and 1997 by arranging for the births to take place in Gibraltar.
2.
After discussing this question with Mr Emery at the Home Office and Mr Sindon in the Governor's Office in Gibraltar, it became clear that we should not rush into an early answer. Hong Kong have therefore been advised that their 'deskby' cannot be met.
3.
On speaking to Mr Sindon in Gibraltar to enquire whether the problem has been considered before, he pointed me to the 1984 papers about the reverse situation of a child who acquired BDTC status through a combination of his birth in Hong Kong and of his grandfather's registration in Gibraltar as a CUKC. In that case our decision was that the child was a BDTC who was a UK national for EC purposes and so entitled to registration under Section 5 of
utkached, the BNA (see folios 4-9 on GNN 340/16 of 1984 in particular the minuting at folio 8). I think it is unfortunate that the suggestion in the final paragraph of your minute of 15 March was not followed and no check was made to confirm that the Home Office were of the same opinion, although I have no reason to suppose they would have dissented.
4. Mr Sindon also told me that there has been a recent case of a child born in Gibraltar of Hong Kong BDTC parents. The father has a permit to work in Gibraltar in a Chinese restaurant, but the family are not regarded as settled in Gibraltar. The case has been referred to the Attorney General in Gibraltar for consideration of the child's status for EC purposes and consequently his entitlement to registration as a British citizen. The Attorney General's opinion is still awaited and may be delayed by pressure of other work, but Gibraltar will let us know as soon as it is available.
5. I have now had the opportunity of studying the 1982 file which contains copious minuting leading up to the submission of
4 November 1982 which sought Ministerial approval to the revised definition of a UK national for EC purposes. Attached to that submission was the amplified definition of what constituted a connection with Gibraltar, which was based on your draft of 27 October 1982. All these papers were cleared with the Home Office at the time and they informed their Ministers of the proposals
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CODE 18-77 AWO Ltd. 7/84
CONFIDENTIAL
Page 135Page 136
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