TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 117

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

and Colonies who were born, registered or naturalised in Gibraltar or whose fathers were so born, registered or naturalised.

3. The second group are those with the right of abode in a British Dependent Territory to which the provisions of Article 227(4) of the Treaty of Rome apply. Since, as explained above, Gibraltar is the only such territory this part of the amendment benefits those who have the right of abode in Gibraltar.

4. The two groups are not co-terminous. The right of abode in Gibraltar is at present restricted to people who hold what is known as Gibraltarian status and this somewhat restrictive status does not cover many people from Gibraltar who are United Kingdom nationals for European Community purposes. Presumably the intention is that by covering these two groups, the amendment will go wide enough to cover most though not all of the people who become citizens of the British Dependent Territories on commencement through their links with

Gibraltar.

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5. The amendment would not confer British citizenship automatically on those covered by it. They would have to apply for British citizenship but it could not be witheld from them if they could show that they were eligible.

Government Line

6. The amendment is essentially the same as cne put forward by Mr Albert

It was debated on 2 June 198 McQuarrie MP on Report in the House of Commons. and was rejected by 273-248. (Official Report, cols 879-895). The amendment is closely based on proposals made in a Memorandum by the Chief Minister of Gibraltar and forwarded to the FCO by the Governor of Gibraltar on 17 Februar: 1981. He argued that such an amendment would give Gibraltarians an option of acquiring British citizenship thus avoiding the difficulties that could arise

On the with Spain if all Gibraltarians automatically became British citizens. other hand, it would avoid friction with other dependent territories by restin the entitlement to British citizenship on Gibraltar's special position under

the Treaty of Rome.

7.

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The amendment would in fact lead to considerable friction with other dependencies notably Hong Kong. It would be clear that the only benefici- aries of it were people from Gibraltar and that they were being granted access to British citizenship on far more favourable terms than those which other

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