TNAG-1567-FCO40-2132-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 70

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HONG KONG ORDER IN COUNCIL

BRIEFING NOTE

GIBRALTAR

COMPARISON BETWEEN GIBRALTAR AND HONG KONG

LINE TO TAKE

1.

Under the British

Not appropriate to draw a comparison.

Nationality Act 1981 Gibraltarians became British Dependent Territories

citizens on 1 January 1983.

2. As the House will recall, the provision in the 1981 Act which

gives Gibraltarians an absolute entitlement to registration as British

citizens was the result of an amendment moved in this House.

It was

argued by the supporters of the amendment that Gibraltarians were already

United Kingdom nationals for European Community purposes and that not to

give them this benefit would perpetuate an anomalous division between

British members of the European community.

3.

During the course of the debates the Government made plain the

implications for other dependent territories of singling out the

Gibraltarians in this way. The Nationality Bill did not affect Gibraltar':

position as part of the European Community, nor was there any question

of the immigration arrangements under which Gibraltarians could come here

quite freely being in any way affected by the Bill.

4.

However, a number of Noble Lords argued that there was a clear

distinction to be drawn between Gibraltarians and other British Dependent

Territories citizens, in particular Hong Kong. The Gibraltarians were

already United Kingdom nationals for European Community purposes and had

rights of movement, travel and work in the European Community area which

other dependent territories citizens did not have. The provision proposed

for the Gibraltarians was not therefore seen as a precedent for other

dependent territories, because unlike the Gibraltarians they did not

already have any rights to enter and work in this country.