TNAG-2183-FCO40-3120-Hong-Kong-nationality-international-support-1990 — Page 126

CODE 18-77

Reference

File Int-Supp

HKD 340/1

370

Mr Fifoot, Legal Advisers

RECEIVED IN REGISTRY

26 SEP 1990

DESK OFFICER

INDEX

PA

REGIS

Action TakeT

GIBRALTAR: OFFER OF RESIDENCY PERMITS TO HONG KONG INVESTORS

1.

Please refer to my minute of 20 September to Mr McLaren which was copied to you.

2. I have now looked at a copy of the Gibraltar Immigration Control Ordinance with a view to determining how the Gibraltar authorities may be considering implementing the grant of residency permits to Hong Kongers under existing legislation.

The

362

3. It appears to me that there are two methods open to the Authorities. The first (and more straightforward) is paragraph 18 of the Ordinance whereby a permit of residence can be issued on the authority of the Principal Immigration Officer with a validity of up to 1 year (para 18 (1) (f). one year validity can only be issued if the applicant holds a valid certificate of employment. Presumably the Gibraltar authorities could simply waive this by deeming that the investor was employed (or self employed) on the land reclamation scheme. Alternatively they could issue quarterly permits of residence (para 18 (1) (e)) which would obviously be less convenient all round but would remove the work permit requirement (para 18 (3)). The renewal of either the

quarterly or annual permit of residence would appear to be fairly straightforward see para 6 of the Permits and

S

Registers Rules behind the Ordinance.

4.

The second method which appears to be open to the Gibraltar authorities is the discretionary grant of certificates of permanent residence, under para 31 of the Ordinance. I am not entirely sure how this works but it appears that the Governor has discretion to issue these on the advice of the Advisory Committee to persons who would otherwise be entitled to register as Gibraltarian. From the papers I have it is not clear how one qualifies for this but perhaps para 14 (2) would be one way the Gibraltar authorities could get around it.

5. I should be grateful for your views on how you see the Government of Gibraltar granting these permits or certificates under their existing legislation. As we discussed (and also included in my minute under reference) whichever way they grant these permits, the beneficiaries would still be subject to UK immigration control and will not have equal rights of residence in other EC countries, unless and until such time as they became BDTCS (Gibraltar).

DAWAFE