TNAG-1567-FCO40-2132-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 72

GIBRALTAR

BACKGROUND

1.

In the British Nationality Act 1981 as originally proposed no distinction

was made between Gibraltar and other dependent territories. All these citizens

were to become British Dependent Territories citizens with no differing

rights to acquire British citizenship.

2.

During the Committee Stage of the Bill in the House of Lords, Lord

Bethell moved an all-party amendment to give UK nationals for European

Community purposes the right to registration as British citizens. The only

people to whom this could apply were Gibraltarians.

3.

In moving the amendment Lord Bethell made the point that Gibraltar was in

an anomalous situation. Gibraltar was a British territory which joined the

European Community in 1973. The Gibraltarians thus became United Kingdom

nationals for European Community purposes, even though they did not have the

right of abode in this country. Being in the European Community they did

of course have right of free movement in the community territory. Lord Bethell

therefore argued that if the amendment were not passed it would perpetuate

the anomalous division of British members of the EC whereby the Gibraltarians

alone would have a different citizenship from the rest of the British members of

the community. In putting the arguments he said amongst other things "I know

the arguments about Hong Kong will be deployed by my Noble Friend the Minister

in a few minutes. I put it to your Lordships that other territories, Hong Kong

and elsewhere, do not have the same historical background, the same position. as Gibraltar has under the Treaty with the European Community, with a clearly defined status, signed by the United Kingdom Government, as United Kingdom nationals for European Community purposes"

5.

The arguments for and against did not

follow party lines.

Lord Scames in putting forward the Government's view pointed out that the

Nationality Bill did not in any way affect Gibraltar's position as part of the

European Community. and that when the Bill was passed the definition of national

for EC purposes would continue to include the people of Gibraltar. But he urged

the House to consider the amendment against the central objectives of the Bill as

a whole. The Bill proposed a distinctive citizenship of the British Dependent