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Foreign and Commonwealth Office
London SW1A 2AH
M T Hill Esq
Assistant to the Deputy Governor GIBRALTAR
Telephone 01-
Your reference
Our reference
कैद
22
Date
WSB 020/3
1990
14 June 1990
Deo, Mike
HONG KONG IMMIGRANTS
1. Thank you for copying to me the Chief Minister's letter of 29 May to the Governor about the Hong Kong safety net scheme. you know, in the event Mr Bossano did not raise this issue with Mr Maude.
2.
As
The Gibraltar authorities have all the necessary powers under their Immigration Ordinance to grant entry and residence permits to people from Hong Kong, irrespective of whether they are travelling on BDTC passports, BN (0) passports or certificates of Identity.
3. The Chief Minister will wish to know, in this connection, that a BDTC by virtue of a connection with Hong Kong is entitled to acquire the status of BN (0) by registration before 1 July 1997. Persons who decide to follow this route will possess both BDTC and BN (0) status until 1 July 1997 when the BDTC status is automatically lost. A person from Hong Kong travelling on a Certificate of Identity who is allowed residence in Gibraltar may apply for naturalisation as a BDTC in Gibraltar as soon as he is able to meet the statutory requirements for naturalisation. But a BN(0) could apply for naturalisation only after 1 July 1997 when his existing BDTC status lapses.
4.
The Chief Minister raised the question of discretionary powers. Schedule I to the British Nationality Act 1981 lays down the requirements for naturalisation as a British citizen and also empowers the Secretary of State in the special circumstances of any particular case to vary certain, but not all, of the requirements. In the case of naturalisation as a BDTC the Secretary of State's powers are devolved to the Governors of the Dependent Territories. Should any questions arise in regard to the exercise of discretion in Gibralter in any particular case I
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