TNAG-2976-FCO40-1245-Effect-of-the-UK-nationality-laws-on-Dependent-Territories-B-1981 — Page 119

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

European Community stems from the provisions of the Treaty of Rome. The status of any place under the Treaty of Rome does not affect the status of that place in our nationality law.

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12. Moreover, the fact that people from Gibraltar are nationals' for European Community purposes does not mean that they should have special privileges in citizenship terms generally. The term 'national' in respect of the United Kingdo appears in many treaties whose provisions affect individuals in matters govern by the treaties. The meaning of 'national' therefore varies from treaty to treat according to circumstances. Each definition is relevant solely to the purposes of that treaty, and may cover some or none of our dependencies according to the circumstances. But each definition has no significance beyond that treaty. This applies to our definition of national for European Community purposes. It follow

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that this definition is simply not relevant to the status of people from Gibralta under our nationality law, and it is quite wrong to imply that it should be used to benefit people from Gibraltar in this sphere. So, my Lords, we cannot accept that Gibraltar's special status under the Treaty of Rome justifies granting peopl from Gibraltar an entitlement to British citizenship.

13. Nor will the other dependencies be prepared to accept this argument either. I must stress this point most firmly. The other dependencies and in particular Hor Kong will not stand by and let Gibraltar have advantages which they do not have. If Gibraltarians are to have British citizenship - and the right of abode here on then they will want comparable privileges. It would be very difficu indeed to refuse these. My Lords we cannot pick and choose between dependencies. What we grant to one we shall be under great pressure to concede to others; let there be no doubt whatsoever on that.

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14. My Lords, in this context, I would draw your Lordship's attention to the remarks made by my Noble Friend Lord Geddes, in the debate on the Second Reading of this Bill. He stressed that the people of Hong Kong were watching with great interest the progress of suggestions that would give the right of British citizen ship to the citizens of Gibraltar. My Noble Friend stressed the concern in Hong Kong that citizens of the British Dependent Territories should all be treated the same and no exceptions made and he said:-

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