TNAG-2644-FCO40-3837-Emigration-from-Hong-Kong-overseas-rights-to-abode-and-passp-1992 — Page 101

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Jcc M. Kelly, Home Office (Nationality Dir

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GIBRALTAR: HONG KONG IMMIGRANTS

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17 FEB 1992

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28 January 1992

Chris Kelly's response

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Thank you for copying to me the Home Office letter to you of 10 January.

I appreciate of course the Home Office's concerns but I believe we could reach a compromise between their position and Gibraltar's aspirations which would not conflict with the statutory requirements of BNA 31.

3. As you are aware from previous correspondence, Gibraltar wants to be able to attract the investment of a few (up to about 200) wealthy Hong Kongers to Gibraltar. It had been thought that the best way of doing this would be to hold out in advance the double carrot of permanent residence and ultimately British nationality through a connection with Gibraltar. Permanent residence in Gibraltar is purely a matter for the Governor and is not a Home Office responsibility. But on nationality where the Home Office are of course concerned, they do not accept that the delegated powers of the Governor are sufficient to allow him to dispense altogether with the statutory residence requirements for naturalisation as a BDTC under BNA 81.

a BDTC under BNA 81. So be it. But Gibraltar still wants to lay out as attractive bait as possible. Stepping back therefore from our original submission - and taking into consideration the Home Office's own powers to vary the residence requirements - could I suggest that Gibraltar be authorised to prepare hand out material for use in Hong Kong with applications for Gibraltar residency which would include something along the lines of the following: "For applicants meeting minimum requirements in terms of their potential to contribute to Gibraltar's economy, the Governor of Gibraltar may agree to shorten [or "vary"] the terms of the normal minimum residency period of five years after which the holder residence permit may apply for British nationality (or "Dependent Territories Citizenship"] through a connection with Gibraltar and a passport. In such cases indications of the probable acceptability of future applications for nationality may be given at the time of granting residency".

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