TNAG-1848-FCO40-2623-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 14

17 MAY '89 16:24 INDB4 LUNAR HOUSE 01 760 2822

P.2/8

Mr Milaven

Mr Paul (370)

Miss Marsde

NTY/89 387/0/2

PROGRESS

HONG KONG

IN IMPLEMENTING THE SINO-BRITISH JOINT DECLARATION OF 1984 ON

Supplementary Memorandum submitted by the Home Office

Introduction

This memorandum is in response to requests from the Committee for additional information on three matters:

i) The nationality status of citizens of Gibraltar and

Islands.

kland

ii)

iii)

The concept of right of readmission to the UK, about which the Committee has received representations.

The nature of the powers used to create the status of British Nationals (Overseas) and the question whether those powers could be used again so as to give right of abode of BDTCs and BN(0)s in Hong Kong.

The legal background to some of these points is complex and if in the light of discussion on 24 May the Committee wanted a more detailed explanation of the relevant law we should of course be happy to provide it.

Gibraltar and the Falklar lo

1

2. Section 5 of the British Nationality Act 1981 provides that any BDTC who falls to be treated as a National of the United Kingdom for the purpose of the Community Treaties shall be entitled to be registered as a British citizen if an application is made for his registration as such a citizen. This means that any BDTC who derives that status from his connection with