TNAG-2180-FCO40-3117-Hong-Kong-nationality-international-support-1990 — Page 42

CONFIDENTIAL

Nationality and Treaty Department

Foreign and Commonwealth Office

Clive House Petty France London SW1H 9HD

M T Hill Esq

Assistant to the

Deputy Governor

HONG KONG

Telephone 01-213

270 4069

R

Ente & Re

att

144112

Your reference

Our reference GNP BUBASVI

I RECEIVEDURE1989Y

Date

04 JAN 1990

INDEX

PA

**STRY

Action Take

Dear Mike,

BRITISH DEPENDENT TERRITORIES CITIZENSHIP: KONG

1.

GIBRALTAR AND HONG

Thank you for your letter of 24 November in which you asked whether Hong Kong BDTCs could naturalise as BDTCs (Gibraltar) once they had established a qualifying connection with the Colony.

2. You were quite correct in your initial intuitive reaction. British Dependent Territories citizenship is a composite citizenship and a person who already possesses that citizenship is precluded from naturalisation as such - put another way a person cannot acquire by naturalisation the citizenship status which he already possesses.

3. You will remember only too well that the Hong Kong (British Nationality) Order 1986 (DSP 43, Annex 7, Item 2) provides that those persons whose only claim to BDTC status is through a connection with Hong Kong will lose that status on 1 July 1997. After that date such persons, whether or not they had registered as BNO's, would be eligible to apply for naturalisation as British Dependent Territories citizens in Gibraltar, if and when they could satisfy the residence requirements. Any person from Hong Kong holding a COI could of course apply for naturalisation on completion of the required period of residence in Gibraltar.

4.

Any person who acquires BDT citizenship by naturalisation in Gibraltar is recognised as a UK national for European Community purposes (DSP 43, 2.5.3) and would be entitled to registration as a British citizen under Section 5 of the BNA 1981.

5.

I hope the foregoing will be helpful but if there is any further advice you need please do not hesitate to let me know.

Yours age

аде

سلامت

al Hormiglin

сс

P Williams Esq, SED

A HARRINGTON

HKD

CONFIDENITAL