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Hong Kong
[BARONESS YOUNG.]
[ LORDS]
by virtue of a connection with Hong Kong before 1997, and who cannot claim any other nationality, to register as a British citizen. As British citizens, such people would automatically acquire the right of abode in the United Kingdom under the Immigration Act 1971.
There are two aspects to this question: the problem of statelessness and the question of the right of abode. I will deal with the question of statelessness first because this, of course, was a question which exercised the minds of your Lordships quite considerably at Second Reading, and the noble Lord, Lord Cledwyn, and my noble friend Lord Geddes spoke extensively about it on that occasion. It may be helpful, therefore, if I set out the position on this point once again, and confirm what was read by the noble Lord, Lord Avebury, which he received from my honourable friend Mr. Luce.
The Government's position is that no former Hong Kong BDTC nor any child born on or after the 1st July 1997 to such a person should be made stateless as a result of the amendments envisaged in the Bill. All former Hong Kong BDTCs will be able to acquire BN(O) status if they wish before the 1st July 1997. If they do this they will retain it for the rest of their lives. Any BDTCs who do not acquire BN(O) status and would otherwise be stateless-for example, if they are not Chinese nationals and hold no other nationality will become British Overseas Citizens on the 1st July 1997. Children born on or after 1st July 1997 to former Hong Kong BDTCs who were Chinese nationals will of course have Chinese nationality. Children born to non-Chinese former BDTCs will acquire British Overseas Citizen status at birth if they would otherwise be stateless.
As I have indicated, during the Second Reading debate certain noble Lords also raised the question of what would happen to subsequent generations of children born to descendants of former Hong Kong BDTCs who held no other nationality-a point which was made by the noble Lord, Lord Avebury. On that occasion I said that the Government was as a matter of urgency looking at the problem of potential statelessness among future generations. The Government have now considered this problem further, particularly in view of the considerable anxieties expressed in your Lordship's House. We accept that there is considerable concern in Hong Kong among the non-Chinese BDTCs about the problem of potential statelessness in subsequent generations, and this is something which we take very seriously.
I think I must repeat the view previously expressed that it would not be proper as a general principle to grant British nationality indefinitely and without restrictions to the descendants of British nationals resident in a foreign country. However, we have decided that in the case of second generation children whose grandparents were Hong Kong BDTCs before 1997, and who would otherwise be stateless, it would tely be right to give them a similar entitlement to acquire British nationality to that which they would have had under the British Nationality Act 1981 if their parents and grandparents had remained BDTCOI hope that the Committee will agree that this is a major
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concession, and I hope that it will meet the concerns expressed on all sides of the Committee.
3.45 p.m.
The relevant provisions of the British Nationality Act are contained in Section 17(2) and (3)(a) and (b) of the British Nationality Act. The provisions we envisage would be exactly parallel to these. They would provide that a minor would be entitled to be registered as a British Overseas Citizen on an applica- tion made within 12 months of the date of birth if, first, he was born stateless; second, one of his parents was a person who would have been a BDTC by descent at the time of his birth if it were not for the provisions to be made under this Act; and, third, one of his grandparents was a person who would have been a BDTC other than by descent at the time of the birth of the parent in question.
The general effect of this would be that a second generation child descended from a Hong Kong BDTC who was a BDTC otherwise than by descent would be entitled to be registered as a British Overseas Citizen. I should add that in the case of a child not so registered within 12 months of birth it would still be open to the Home Secretary, if he saw fit, to register him under Section 27(1) of the British Nationality Act.
I believe that the provision which I have just described will constitute an important additional boost to the confidence of the non-Chinese BDTC community of Hong Kong. It will provide an avenue for the continuation of a form of British nationality to the persons concerned until approximately the middle of the next century. If we look to the future, the Government believe that the right course for those who are permanently settled in what will then be a part of China ultimately is for them to become Chinese nationals.
I know that some concern has been expressed by those affected that they or their descendants will not be able to become Chinese nationals-again a point made by the noble Lord, Lord Avebury. However, the Chinese nationality law does provide in Article 7:
"Aliens or stateless persons who are willing to abide by China's constitution and laws may acquire Chinese nationality on approval of their applications provided that (1) they are close relatives of Chinese nationals, (2) they have settled in China, or (3) they have other legitimate reasons.'
We are, of course, speaking of people who are by definition settled in Hong Kong, which by then will be part of China. The noble Lord, Lord Avebury, was critical of the Government in not getting a further agreement on this point. I accept that it will be necessary for the Government to undertake further discussions with the Chinese Government about how such persons might acquire Chinese nationality. Our aim will be to ensure that it is possible for the descendants of non-Chinese former BDTCs to obtain Chinese nationality if they wish to do so.
Before leaving this subject, there is one further point I should like to make. It is that the Home Secretary has discretion under Section 27 (1) of the British Nationality Act 1981, if he thinks fit, to register any minor as a British Overseas Citizen. It would of course be open to any future Home Secretary to make use of this provision in relation to the descendants of non- Chinese BDTCs in Hong Kong if he were satisfied that,
in any particular case the circumstances justified it()