TNAG-2183-FCO40-3120-Hong-Kong-nationality-international-support-1990 — Page 104

12.

EC

-

CONFIDENTIAL

6.

Maude explained that a separate act limited to certain categories of Hong Kong citizens was being prepared. The Chief Minister asked whether Gibraltar could be included within the scope of the Act. Mr Maude felt there was no theoretical reason why this could not be done, but there was a need to think the politics of it through and assess the implications. There were all sorts of

of complex ramifications and the Bill was in any case a matter for the Home Office.

Gibraltar policy on The Chief

Mr Ratford pointed out that the nub of the matter was to keep Hong Kong citizens in Hong Kong. should not undercut the UK Government's this for the sake of a few hundred permits. Minister explained that under

that under the Immigration Control Ordinance, Gibraltar could give a permit of residence to non-Community nationals wanting to live in Gibraltar as long as they owned and occupied their property. In this way the residence permit was linked to the place of abode. If the UK devised a special avenue for Hong Kong people to emigrate to UK, he would be. interested in offering something similar or compatible for Gibraltar. Mr Maude stated that he would be reluctant to include Gibraltar in the UK scheme. He wanted to keep the UK Bill as short as possible and avoid complicating the drafting. He gave an outline of

of the UK's proposal. He felt that Gibraltar's approach was not at odds with the UK line. It was agreed that the

the matter would be examined in more detail and the FCO would consider what options were open

for Gibraltar and how best to take matters forward.

Rights of residence

13. The Chief Minister then raised the question of the

EC Directive on

on rights of residence for students and pensioners. He explained that after having considered the advice from

from UK Rep Brussels he had

he had accepted the strength of argument that Gibraltar would be risking more by seeking a derogation. His only concern was

to

ensure that Gibraltar could fulfill the commitment

and, given the physical constraints, Gibraltar had no option

option but

but to seek an undertaking from HMG that they would provide the necessary support were a major problem to emerge. He felt that the UK Government should provide the undertaking particularly since it believed that the effect would in practice be negligible. Mr Maude felt that the matter could be tackled as and when problems arose and it should therefore be considered at some future stage. The Chief Minister disagreed and insisted that Gibraltar should know now what support

support would

would be forthcoming. Mr Maude reiterated that Gibraltar could always revert to HMG and put its case but that the British Government could not undertake

undertake to underwrite any costs now. He felt that it was unlikely that they would be any real