407
British Nationality Order 1993
[15 JULY 1993]
8.5 p.m.
British Nationality Order 1993
408
Convention on the Reduction of Statelessness. Article 10 obliges any state involved in the transfer of territory,
"to secure that no person shall become stateless as a result”. A concern has been raised that it would set a dangerous precedent if these non-Chinese minorities were to be given British citizenship. Many noble Lords have raised that point tonight. Miss Emily Lau, who led the recent delegation from the Hong Kong Legislative Council was emphatic that LEGCO did not believe that giving these people British citizenship would create a precedent. She said:
"We think they stand in a rather unique and precarious situation".
So, in conclusion, it is my hope that the Government will take the advice of the noble Lord, Lord McIntosh of Haringey, and take a more flexible and humanitarian approach to the plight of the non-Chinese ethnic minorities. As a leading article in The Times of 11th June put it:
"If Britain does not offer them passports they will find themselves in a legal no-man's land, with no nation, no passport, no home and no rights".
It is for those reasons that I support the Motion.
8.3 p.m.
Lord Willoughby de Broke: My Lords, as the last speaker on the list before the winding-up speeches, I shall be brief. I hope that I shall eclipse the record of 30 seconds set by my noble friend Lord Marlesford. The case has been well put by all noble Lords who have spoken, and I have little to add. I wish to underline only two points. The first was made by the noble Lord, Lord Wilson of Tillyorn. It is that the success of the British nationality package in 1990 was in anchoring people in Hong Kong. I believe that the same reasoning should apply to the 7,000 non-ethnic Chinese who will not come here but who will wish to stay in Hong Kong. After all, they were born there -some are second generation-and they will wish to stay where their lives and friends are and will not wish to come to this country. My honourable friend the Under-Secretary of State in another place recognised that the nationality package would not meet their requirements. He admitted that candidly in the debate on 9th July.
Secondly, I wish to contrast the position of the citizens of Macao. Other noble Lords have made the point and it is worth underlining. One hundred thousand citizens of Macao could come into this country and have the right of abode. Perhaps we may contrast that with the unhappy position of the mere 5,000 to 7,000 individuals who, although born in Hong Kong and some of whose parents were born in Hong Kong and who owe allegiance to the Queen, will not enjoy that advantage. That is grossly unfair and misplaced.
The case for sympathetic consideration has been most eloquently and persuasively made. There is every good reason to support the Motion and no good reason to oppose it. Like my noble friend Lord Glenarthur, I hope that there will not be a Division, but if there is I shall support the Motion tabled by the noble Lord, Lord Bonham-Carter.
213 LD44/37 Job 6-9
Lord Shackleton: My Lords, it may disappoint the noble Lord, Lord Willoughby de Broke, to find that he is not the last speaker in the debate. Nor, since the House has been so kind to me, is it a birthday treat that I should be allowed to speak at this point. The procedure is a little complicated, as was pointed out by the noble Lord, Lord Chalfont. I query the propriety of the Motions. In procedural terms I prefer the amendment tabled by the noble Lord, Lord McIntosh. That is not a criticism of the contents. I support entirely the noble Lord, Lord Bonham-Carter. But the situation is tricky. I suggest that the Select Committee on Procedure should decide the best way to deal with the matter. I believe that the Motion tabled by the noble Lord, Lord Bonham-Carter, is suitable, but I prefer an amendment to the main Motion.
It is also rather tricky that there is a time limit for putting down one's name to speak. I was unaware of the number of names, and I did not know that there would be many. After 12 o'clock it was too late for me to put my name down on the list of speakers.
I wish to speak mainly about the position of the locally employed personnel, who are Chinese Hong Kong. They are greatly at risk. For many years they have been immensely loyal to the Crown. Their future, which will be in the hands of the Chinese, who are not always kind to their own people, is by no means certain. I have in mind in particular those in the Navy. The noble Lord, Lord Chalfont, gave examples of the British Army unit. What will happen if there are repercussions of the kind that we know occur in China? Will their Chinese origin be any protection to them? We should provide them with an opportunity to come to this country or at least to obtain British citizenship.
This is not the only time such events have happened in our history. I know of areas, in particular in the Middle East, where we have undoubtedly betrayed people who have been very loyal to us. I could give examples. This is a difficult moral question.
I have in mind in particular the locally employed personnel of the Royal Navy. That naval uniform has been worn for the past 80 years or more. Those personnel serve in every rank in the Royal Navy. I should like to believe that there will be an opportunity for them. There is scope, I believe, which was not apparent when the Minister replied to my Question. He gave a rather rigid picture. I gather, however, that the Government have a great deal more scope for providing opportunities for people who have not yet been successful in coming to this country.
Many people who have applied have been turned down. I wonder whether those cases can be examined. Some noble Lords have said that, because the people involved are Chinese, they are not in favour of that arrangement. However, we owe a special debt of loyalty to those people. We are very worried about them.
I support entirely the Motion tabled by the noble Lord, Lord Bonham-Carter. It was admirably moved, and it is splendid that so many good people support