TNAG-2183-FCO40-3120-Hong-Kong-nationality-international-support-1990 — Page 117

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CONFIDENTIAL

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FROM: J C Morris

Hong Kong Department

DATE: 20 September 1990

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GIBRALTAR: OFFER OF RESIDENCY PERMITS TO HONG KONG

INVESTORS

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1.

Your manuscript minute on FCO telno 1734 asked how the

Gibraltar Government would grant "right of residency" in

Gibraltar alone, bearing in mind the right of abode in the

UK enjoyed by the Gibraltar BDTCs.

2.

Gibraltar BDTCs are treated as nationals of the United

Kingdom for the purposes of the European Community Treaties

(because of the geographical location of Gibraltar) and as

such they are entitled to be registered as British citizens

under section 5 of the BNA 1981. As British citizens they

would have the right of abode in the UK. Falkland Islanders

are in a similarly elite category (among BDTCs) in that those who did not already have UK citizenship were granted it under the British Nationality (Falkland Islands) Act 1983. They too then enjoy right of abode in the UK, by virtue of UK citizenship.

3. The "right of residence" that Gibraltar plans to give to

Hong Kong investors needs to be distinguished from the

rights enjoyed by virtue of nationality. What it seems they

POPAFV/1

CONFIDENTIAL