GOVERNMENT SECRETARIAT,
GIBRALTAR
Miss Y J Veale
Nationality & Treaty Dept
FCO London
11 November 1985
GON 340/393/1-J
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BDTC: GIBRALTAR/HONG KONG,
(292
3
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1.
Would you please/refer to my letter of 30 August 1985, and to your tel 102. I am sorry that we have been unable to give you a reply on this issue earlier.
2.
We now have the necessary legal opinion, and the Attorney-General is of the view that for the purposes of Gibraltar's Immigration Control Ordinance a child born in Gibraltar, of Hong Kong parents, would not be a BDTC who acquires his citizenship from a connection with Gibraltar. It is considered that under the new subsections 2(2) and 2(3) of the Ordinance, a child cannot be regarded as such a citizen unless he fulfills all of the criteria enumerated under subsection 2(2) that apply to him. Therefore in the case of a child born after 1 January 1983, the birth would need to have taken place in Gibraltar, and one of his parents would have had to be either (a) a BDTC having a connection with Gibraltar, or (b) settled in Gibraltar. A person who derives his Dependent Territories citizenship only partly from a connection with Gibraltar would not qualify under the Ordinance.
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R W Sindon
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