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Hong Kong Act 1985:
LORD GLENARTHUR
[ 20 JANUARY 1986]
provisions cover all the non-ethnic Chinese British denendent territories citizens in Hong Kong, unless t.. h left Hong Kong permanently and have the right cî abode elsewhere.
The non-ethnic Chinese community, supported by the Legislative Council, have argued that the nationality and right of abode provisions do not go far enough. They say that unlike ethnic Chinese British dependent territories citizens they will not have a right of abode in Hong Kong by virtue of their nationality. And they are concerned about the nationality status of their descendants. They have therefore asked to be granted British citizenship, which carries with it the right of abode in the United Kingdom, rather than BN(O) of British overseas citizen status. The Legislative Council have also asked that about 400 former servicemen in Hong Kong should be granted British citizenship, or that the Government should give sympathetic consideration to their registration as British citizens under section 4(5) of the British Nationality Act 1981.
I shall of course listen carefully to what your L ships have to say. But I have to tell your Lordships that the Government are not persuaded that it would be right to grant British citizenship to non- ethnic Chinese British dependent territories citizens. They want to continue to live and work in Hong Kong. and this is guaranteed by the agreement. Nor would the granting of British citizenship be of any advantage to future generations. British citizenship can be transmitted to only one generation born abroad. The second generation has an entitlement to registration as British citizens similar to the proposed entitlement to British overseas citizen status. After that there is no automatic claim to British citizenship, nor entitlement to registration. Conferring British citizenship on non- ethnic Chinese British dependent territories citizens in Hong Kong would give future generations no advantage in avoiding statelessness or securing their future in Hong Kong.
The Government's proposals. together with the agreement. will provide all Hong Kong British de dent territories citizens with a recognised na.. nality status and a place to call their home. As was made clear during the debate on the Hong Kong Bill, the Government's view is that the right course of those who have permanently settled in what will by then have been part of China for many years is for them to apply to become Chinese nationals, although they will not of course be compelled to do so. We have discussed this with the Chinese Government in the Sino-British Joint Liaison Group, and they have confirmed that non-Chinese who meet the legal requirements under Chinese nationality law may apply for Chinese nationality and their cases will be dealt with by the appropriate authorities.
As to the former servicemen, we recognise of course the valiant and gallant contribution they made during the war. But many of them were born in Hong Kong as were their ancestors. Most are British dependent territories citizens who will be entitled to become BN(O)s and will have the right to abode in Hong Kong. Furthermore, the Hong Kong Act does not allow us to use the order to grant British citizenship to those British dependent territories citizens who have another nationality, and do not therefore risk
Nationality Provisions
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statelessness: nor to those who are not British dependent territories citizens, even if we thought it right to do so.
We will of course consider any individual applica- tion made under Section 4(5) of the British Nationality Act 1981 on the grounds of crown service under the Government of Hong Kong. But I would remind your Lordships that the Government made it clear during the passage of the 1981 Bill that the discretion under this section would be used very sparingly, and that the key factor in each case would be the quality of service. I cannot predict what the outcome of any application might be, but we should have to look at each one in the light of this criterion. I should also add that this section cannot apply to persons who were in service under the Government of the United Kingdom. which may be the case for a number of these former servicemen.
The Government believe therefore that the provisions in Article 6, together with the agreement, constitute the most satisfactory, reliable and fair way of providing the people of Hong Kong with what they want: that is to say, British nationality and the right to continue to live and work in Hong Kong. The Government have also made it plain that if any British national were forced to leave Hong Kong and had nowhere else to go, we would expect the Government of the day to consider sympathetically whether to admit them on a case by case basis in the light of their particular circumstances. But our minds are not closed, and I shall listen carefully to your Lordships views on these matters.
I should like to say a few words now. if I may, about the proposed arrangements for issuing BN(O) passports once the order comes into effect. Although this matter is not strictly part of the draft order, I know that a number of your Lordships are concerned with this matter which is closely linked to the order and is of central importance to its successful implementation.
The Government intend to issue BN(O) passports from 1st July 1987. This will enable Hong Kong British dependent territories citizens to choose between applying for a British dependent territories citizen passport with a restricted validity until 1st July 1997, or a BN(O) passport valid for a full 10 years. It will not be possible to carry both a BN(O) passport and a British dependent territories citizen passport at the same time. The great majority of BN(O) passports will be issued in Hong Kong. But it will be possible for Hong Kong British dependent territories citizens to apply for a BN(O) passport wherever they may be. There will be a fee for the passport, which will be the same throughout the world.
BN(O) passports will contain an endorsement as to the holder's right of abode in Hong Kong. I know that this has been a matter of particular concern to your Lordships. As the House already knows, the Chinese have agreed in principle that the wording of the endorsement should be as follows:
"The holder of this passport has Hong Kong permanent identity card number [the number will be entered] which states that the holder has the right of abode in Hong Kong".
We expect to reach final agreement on this at the next meeting of the Sino-British Joint Liaison Group in March.