TNAG-1560-FCO40-2124-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 4

DE 18-77

O Ltd. 7/84

Miss Veale

NTD

Reference....

FILE

310

EC

PURPOSES

BD TCs HAVING CONNECTIONS

FOR BRITISH NATIONAL S WITH BOTH HONG KONG AND GIBRALTAR

1.

2.

Your Minute of 25 February refers. (281

Gibraltar

a re correct

in

that it

be

You

would assumption your difficult to asses S how many Hong Kong women might wish to go to

I do not to give birth.

think it is even worth asking Hong Kong to produce an estimate. As you know we have recently sent a holding reply to Hong Kong explaining briefly that there

difference of

between interpretation

i s

a

a

and ourselves

Gibraltar as

to what constitutes connection with Gibraltar. I think we must leave it

until and wait at that for the moment Gibraltar responds to

responds to the approach you are about to make to before referring to this subject with Hong Kong again.

into

this

them

to

will not

Our

a

3.

Even if Gibraltar amend their immigration ordinance bring their

line with ours interpretation close the loophole caused by Section 5 of BNA 1981 and

for EC purposes. It would take definition of a UK national ruling

bar women from

other dependent do to

this. Obviously territories giving birth in Gibraltar

assume that Gibraltar this is an option and I

i t SO Hong Kong as in immigration matters

Gibraltar from

to

is as

would

autonomous

pose

f ew

practical problems - indeed I think you mentioned that Gibraltar already operates such a policy in respect of alien women.

4.

We consider that this loophole should be closed.

Although

there i s no way to estimate the numbers of Hong Kong BDTCs who

may

to

advantage may do

of

so.

in the it,

is There

a

when

take

to 1997 try

run-up

numbers increasing

problem of timing however It is unfortunate that this loophole has finally been

is such the Order-in-Council identified now

a major and

•

controversial topic in Hong Kong. We would prefer therefore to to 3 months action any

to close this loophole

loophole for 2 or the Order-in-Council to be approved

approved and for the Hong Kong on

delay

give time for

public

debate

somewhat.

6 March 1986

in

nationality

MOHLI

M T Hill

Hong Kong Department

нск

issues to abate

MKK 040/4.

CONFIDENTIAL