TNAG-1386-FCO40-1834-Future-of-Hong-Kong-nationality-and-citizenship-1985 — Page 138

344

AT MON

CONFIDENTIAL

Foreign and Commonwealth Office

London SW1A 2AH

ifer

Rekose

Telephone 01-

J Emery Esq, B4 Division, Home Office, Lunar House, Croydon CRA 2B)

нии осноти

RECEVE

& S

Your reference

Our reference CNN 340/3^3/1

- 3 DEC 1935

Date

29 November 1985

DESK OFFIC INDEX

Dear ferry,

HONG KONG BDTCS WHO HAVE A CONNECTION WITH GIBRALT

1.

27

You will recall that in their telegram number 1646 of 15 August Hong Kong raised the question of whether a child born in Gibraltar to parents settled in Hong Kong is entitled to registration as a British citizen under Section 5 of the BNA 1981. I conied to you my minute of 21 August to our Legal Adviser, Jeremy Hill, and my letter of 27 August to Gibraltar which enclosed a cony of Jeremy's minute of 23 August.

2. There was delav in dealing with this question in Cibraltar because of the Attorney General's absence, but I enclose a copy of the reply now received. This shows that our view of who qualifies for Section 5 registration, under the interpretation of a 'UK national for EC purnoses' agreed in 1982 does not tally with Gibraltar's view of who is a BDTC by virtue'of a connection with Gibraltar under the terms of their Immigration Control Ordinance.

3. Gibraltar's interpretation would exclude from the provision of Section 5 of the BNA persons falling into the category about which Hong Kong enquired, whereas the UK's interpretation provides a loophole for this category of person to acquire British citizenshin by registration. Quite apart from this it is an unsatisfactory position generally if the UK and Gibraltar hold differing views on who qualifies for Section 5 registration.

4.

•

A change in the UK interpretation would involve a policy decision and would I imagine be difficult to justify Although the formal wording of the declaration on who constitutes a UK national for EC nurposes simply referred to 'British Dependent Territories citizens who acquire their citizenship from a connection with Cibraltar', the amplified text which explained what constituted a connection was quite explicit in its reference to 'wholly or partly'. If Gibraltar were

CONFIDENTIAL

/asked