TNAG-1849-FCO40-2624-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 121

Gibraltar has an absolute entitlement to be registered as a British citizen

1983-1988 a total of 7,657 Gibraltarians have been

on application.

Between

registered under this provision.

It has been suggested that Hong Kong BDTCs might in some way be brought

within section 5.

3°

4.

The status of Gibraltarians as UK nationals for EC purposes derives from the fact that, when the UK joined the EC, Gibraltar also became part of the

EC by virtue of its status as a European territory for whose external

relations the UK was responsible.

5.

Section 5 of the 1981 Act recognises the special position of Gibraltar within the EC. Legally it is for each Member State to declare who are its nationals for the purposes of Community law. But if people in Hong Kong were to be brought within section 5, it would be necessary in practice to do much more than to make a fresh Declaration including BDTCs/BNOs in Hong Kong. Such a change in the definition of a British national would give an effect to

section 5 extending well beyond Gibraltar and Europe, and would thus represent a major change from what Parliament clearly intended. Primary legislation would be the only proper way to make such a substantial change. Furthermore, given the number of people involved, such a change could not be made without extensive consultation with our EC partners.

6.

to make such a

The effect of such a change would be to give free movement in the EC, and an immediate entitlement to register as a British citizen, to BDTCs in Hong Kong. The government has no plans to introduce legislation

change.

7. The effect of the British Nationality Act 1981 in the Falkland Islands

was to make some 1,400 of the 1,800 Islanders British citizens as well as

BDTCB. This was because they had previously been CUKCS with the right of abode in the UK through parents or grandparents. The remaining 400 became

BDTCS.

The British Nationality (Falkland Islands) Act 1983 conferred British citizenship on these 400 in confirmation of the relationship of the Islanders to the UK following the hostilities with Argentina.

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