TNAG-1849-FCO40-2624-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 120

HK 144

2.

NTY/89 387/0/2

PROGRESS IN IMPLEMENTING THE SINO-BRITISH JOINT DECLARATION OF 1984 ON

HONG KONG

Supplementary Memorandum submitted by the Home Office

Introduction

This memorandum is in response to requests from the Committee for

additional information on three matters:-

1.

i) The nationality status of citizens of Gibraltar and the Falkland

Islands.

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 Falklands

2. Section 5 of the British Nationality Act 1981 provides that "a 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

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