TNAG-2183-FCO40-3120-Hong-Kong-nationality-international-support-1990 — Page 186

CODE 18-77

Mr P Willi

iams

SED

1.

201

R+PAR

1216

Reference WSB 02013.

12 JUN 1990

GIBRALTAR: POSSIBLE ENTRY SCHEME FOR HONG KONG BDTCs

You asked for observations on the Chief Minister's letter of 29 May to the Governor.

2. As far as I can see it is entirely a matter for the Gibraltar authorities 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. A person who is 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 exercise this entitlement will possess both BDTC and BN(0) status until 1 July 1997 when BDTC status is automatically lost. A BDTC who becomes a BN (0) by registration may only hold one passport; he cannot simultaneously hold a passport as a BDTC as well as a BN (0).

4.

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. Since the statuses of BDTC and BN (0) run concurrently until 1 July 1997 a person admitted to Gibraltar on a BN (0) passport cannot apply for naturalisation as a BDTC because he already possesses that status he can only apply for naturalisation after 1 July 1997 when his BDTC status has lapsed.

5. The requirements for naturalisation as a British Citizen are set out in Schedule 1 to the British Nationality Act 1981 (see Home Office leaflet BN7 attached). While the Secretary of State, in practice the Home Secretary, has discretion to vary some of the requirements, he has no power to waive the requirement that:

(a)

(b)

a person must have been in the United Kingdom at the beginning of a 5 year period ending with the date of application; and

must be free of any restriction under the immigration laws on the date the application is

made.