24 MAY
39 19:47
FRUM LUI TECH RADIU
TRANSCRIPT E: SELECT COMMITTEE RE HONG KONG
-15-
24 MAY 1989
R. TIK RENTON
(COFTD):
The status of Gibraltarians as UK nationals for ERC
purposes, as paragraph 4 of our memorandum sent to you
says,
derives from the fact that when the UK joined the European Community, Gibraltar also became part of the European Community by virtue of its status as a European territory for whose external relations the UK was responsible. I emphasise there the words "European
territory".
Section 5 of the 1981 Act therefore recognises the special position of Gibraltar within the EEC, but legally
it is for each member state to declare who are ita
nationals for the purpose of Community law, but we do
think that if people in Hong Kong were to be brought
within Section 5, it would be necesary in practice to do
much more than make a fresh declaration, including BTTCS
or BHOS, in Hong Kong, because such a change in the definition of a British national would obviously give an effect to Section 5 extending very well beyond Gibraltar
and Europe.
In our judgement, we could only make this
change by way of primary legislation.
As to the Falkland Islanders, they are in, I would
agree with you, a very particular position.
The effect
of the Act of 1981 on the Falkland Islanders was to make
some 1400 of the 1800
as BDTCs.
Islanders British citizens as well
That would be effectively by reason of direct
HGE. 015
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