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British Nationalır. Bill (H.L.)
{13 DECEMBER 1993]
the credit for so doing, instead of being forced, should the worst come to the worst. to accept the worst of every world? That is the position which Her Majesty's Government have adopted. They will not be, or have not to date been, prepared to give those people British citizenship. They have said that if they come under pressure-and that phrase was repeated by the noble Earl in the debate in July-those people will be taken into this country.
Perhaps I may now explain the Bill in somewhat greater detail. It is drafted to provide British citizenship for the non-Chinese ethnic minority groups after 1st July 1997. That small group of people are at present British Dependent Territories citizens, BDTCs. I am afraid that there are many initials to which we shall have to become accustomed in the course of this evening. After July 1997 they will become British Nationals (Overseas), BN(O)s.
The Bill is necessary because of the nature of Chinese nationality law, which is quite frankly and overtly racist. The BN(O) status provides nothing more than a British travel document, it provides neither the right of abode outside Hong Kong nor the right of consular protection within China, which is the one place where one would expect them to want to have consular protection. It is to that group of people that the Bill offers British citizenship. The only consequential provision is taken care of in Clause 2(2), to which I snaïï turn later.
Now perhaps I may say a word about the clauses. Clause 1 confines the scope of the Bill to those to whom I have already referred, that is BDTCs, British Dependent Territories citizens, who are that by virtue only of a connection with Hong Kong. Subsections (1) (b) and 1(3) of Clause I make clear that the Bill applies to Hong Kong BDTCs, whether or not they have become BN(O)s. That is because quite a lot of people who are BDTCs do not know that they have become BN(O)s, or rather they do not know that they are still BDTCs. The application form, which is like that for a passport, is such that when the passport comes back it simply tells them that they are BN(O)s. There is no reference in the document to their being BDTCs so there may be a certain amount of confusion. To add to that, if I may put it more obscurely, as all BN(O)s are BDTCs because of the connection with Hong Kong but not vice versa-I am sure that noble Lords are quite clear as to exactly what I am saying—the Bill is phrased in terms of BDTCs. I am sure that that makes everything absolutely crystal clear.
Clause 1(4) and the schedule describe who is a BDTC by virtue of his connection only with Hong Kong. It is borrowed almost word for word—almost verbatim-from Article 2 of the 1986 order. I understand that the noble Earl, Lord Ferrers, will not find that in any way contentious. I shall be shocked if he does.
Lord McIntosh of Haringey: My Lords, perhaps the noble Lord will forgive me for interrupting him. I fear that he is misinterpreting his Bill. He said, "by virtue of his connection only with Hong Kong". He means: "by virtue only of a connection with Hong Kong".
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British Nationality Bill [H.L. Į
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Lord Bonham-Carter; I meant “only by virtue of a connection with Hong Kong". I am most grateful to the noble Lord for correcting me.
Clause 2 must be read in connection with Section 14 of the British Nationality Act. I have it by me if any noble Lord wants me to read it. It gives a less than exhaustive list of British citizens who are citizens-here we have another nice distinction—“by descent” only as opposed to those who have British citizenship "otherwise than by descent". I point out to those who are not learned in these matters that, oddly enough, it is better to have British citizenship otherwise than by descent than it is to have British citizenship by descent. The importance of that is that, if you have British citizenship by descent, you cannot generally transmit that citizenship to a child born overseas.
Clause 2(1) states that those who have been BDTCs by descent will become British citizens by descent. Clause 2(2), which I find the most obscure clause in the Bill, must be read in connection with the British Nationality (Hong Kong) Act 1990 and keeps those who have become British citizens under the 1990 selection scheme in step with those "ho have become so under Clause 2(1). If any noble Lord wishes me to explain that point, i can do so; but I do not want to try your Lordships' patiense.
Clause 3 brings the Bill into line with the 1981 Act. Clause 4 provides for a two-month delay before commencement for administrative reasons; i.e., for the preparation of passport applications and passports.
That is the end of my explanation of the Bill, except to say that the Bill is drafted in support of the measure that we discussed in July, which, as I said, had the support of every single person who spoke to it with the exception of the noble Earl. The purpose for which it is drafted has the support of two former governors of Hong Kong and the present governor of Hong Kong, as well as the unanimous support of LEGCO. It also has the support of the noble Lord, Lord Glenarthur, who was formerly Minister of State responsible for Hong Kong, of Justice, of the International Court of Jurists and the Commonwealth Human Rights Commission. There is only one group of people who appear to oppose it and that is the Home Office. I hope that the Home Office will think better of it. I beg to move.
Moved, That the Bill be now read a second time.-Lord Bonham-Carter.)
9.3 p.m.
Lord Geddes: My Lords, I am deligined to be able to support the noble Lord, Lord Bonham-Carter, today and the more so because I was unable to be in my place earlier this year on 15th July when this subject was debated in your Lordships' House. Perhaps I may also say what a pleasure it is to see my noble friend Lord Ferrers active in his place on the Front Bench. We much look forward to hearing from him at the Dispatch Box and-dare I say it?-on his foot.
The arguments in favour of the Bill have just been well rehearsed by the noble Lord, Lord Bonham-Carter. As he said, they were also eloquently expressed on that