TNAG-2640-FCO40-3832-Future-of-Hong-Kong-British-nationality-dependants-1992 — Page 3

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MDHOAN 2268

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TO DESKBY 13010OZ HONG KONG

TELNO 1484

OF 121747Z OCTOBER 92

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YOUR TELNO 2480: LEGCO QUESTION BY THE HON JIMMY MCGREGOR: WIVES AND WIDOWS OF EX-SERVICEMEN

1. THANK YOU FOR SENDING US YOUR PROPOSED REPLY.

2. WE WOULD LIKE TO SUGGEST AN AMENDED VERSION OF THE SUBSTANTIVE ANSWER, WHICH WOULD READ AS FOLLOWS FROM THE FOURTH LINE OF PARA 2

QUOTE A MATTER FOR HMG TO DECIDE. THE IMMIGRATION AND NATIONALITY STATUS OF THE SPOUSES OF BRITISH CITIZENS AND FORMER SERVICEMEN WAS DEBATED VERY FULLY DURING THE PASSAGE OF THE BRITISH NATIONALITY (HONG KONG) ACT 1990. PARLIAMENT DECIDED NOT TO EXEMPT THESE PEOPLE FROM THE RESIDENTIAL REQUIREMENTS PRESCRIBED BY THE BRITISH NATIONALITY ACT 1981, BUT AS THE HONOURABLE MEMBER RIGHTLY STATES, ASSURANCES WERE GIVEN THAT THE WIVES AND WIDOWS OF FORMER SERVICEMEN WOULD BE ALLOWED TO SETTLE IN THE UNITED KINGDOM AT ANY TIME IN THE FUTURE. UNQUOTE

AS FOR THE SUPPLEMENTARIES YOU HAVE LISTED WE SUGGEST THE FOLLOWING ANSWERS:-

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A.

13/10.

THE CASES OF THE FALKLANDERS AND GIBRALTARIANS ARE NOT COMPARABLE. MOST FALKLANDERS HAD SUFFICIENTLY CLOSE CONNECTIONS WITH THE UK TO QUALIFY AS BRITISH CITIZENS UNDER THE BRITISH NATIONALITY ACT 1981. FOR THE REMAINING FEW HUNDRED WHO WERE OTHERWISE BDTCS, A PRIVATE MEMBER BILL WAS INTRODUCED IN 1982 TO GRANT THEM BRITISH CITIZENSHIP. IN THE WHOLLY EXCEPTIONAL CIRCUMSTANCES OF THE IMMEDIATE AFTERMATH OF THE FALKLANDS CONFLICT, HMG DECIDED NOT TO OPPOSE THIS MEASURE, AND PARLIAMENT APPROVED IT. AS FOR GIBRALTARIAN BDTCS, THEY WERE GIVEN AN ENTITLEMENT UNDER THE 1981 ACT TO REGISTER AS BRITISH CITIZENS. THIS WAS BECAUSE GIBRALTAR IS (UNIQUELY AMONG BRITISH DEPENDENT TERRITORIES) A EUROPEAN TERRITORY OF AN EC MEMBER STATE AND AS SUCH THESE PEOPLE FELL WITHIN THE DEFINITION OF A UK NATIONAL FOR THE PURPOSES OF THE EC TREATIES.

THE RESIDENCE RULES ARE GOVERNED BY THE BRITISH NATIONALITY ACT 1981 AND THAT ACT, AS PRESENTLY WORDED, CONTAINS NO POWERS

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