TNAG-1560-FCO40-2124-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 62

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definition of UK?! for EC purposes."

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Miss JY Veale

Nationality & Treaty Department-

Foreign & Commonwealth Office

LONDON

SW1A 2AH

CNN 340/393/1-M

RECEIVED IN MAUSTAY

12 DEC 1935

notees

•with faits F&Lod

Please reply to The Undef Secretary of State

Your reference

GNN 340/393/1

(file.), 18.24 12 2010

Our reference

NTY/85 161/1337/2

Date

10 December 1985

Dear Ming Veale

525

Jerry Emery has passed to me your letter of 29 November and copies of your correspondence with Jeremy Hill and the Gibraltar Attorney General about the status of children born in Gibraltar to parents who are BDTCs by connection with Hong Kong or who are settled in Hong Kong.

Our papers confirm Mr Hill's view that when the definition of those who are UK nationals for EC purposes was revised in relation to BNA 1981, the intention was that all those BDTCs who derived their citizenship wholly or partly as a result of a connection with Gibraltar should be included. In fact a small number of people were included who had not previously benefited; the expectation being that the

Gibraltar Immigration Ordinance would be amended to give belonger status to all those BDTCs connected with Gibraltar.

It seems clear from your correspondence with Gibraltar that their Immigration Ordinance has not been amended as expected and that it is out of step with the UK declaration on who constitutes a UK national for EC purposes. Obviously we should not be in conflict with Gibraltar on the basis for qualification for registration under section 5 of the BNA 1981. I share your view that a change in the UK declaration is likely at this stage to present difficulties and agree that a remedy, if there is one, lies with the Gibraltarians in the application of their immigration control.

(85)

HMH 040/4

RECEIVED Y

DECE

POISTRY

2 8 FEB 1986

Yours sincerely

ва

Be blecke.

RS WEEKES

Nationality Division.

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