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Hong Kong
[ 28 MARCH 1985]
In their comments to the Assessment Office and since, the ppie of Hong Kong have expressed their support for the Sino-British agreement as a basis for the future prosperity and stability of the territory, and their determination to make the agreement work. They will have been reassured that the response to the agreement in this House and in another place has been no less positive and that the passage of this Bill, which will enable the Government to ratify the agreement, has had such constructive support from both sides of the House-indeed, from all parts of the House.
Since launching this Bill, the Government have taken a number of steps to meet the concerns expressed in this House and in another place. Indeed, those noble Lords who have spoken at this Third Reading have recognised that fact. We have agreed to the production of an annual report on developments in Hong Kong which will assist Parliament to continue to take an informed interest in the territory in the coming years. We have agreed that the order in council on nationality should be introduced in "green-edged" form so that it may be debated by Parliament as a draft before the final version is drawn up.
We have incorporated in the Bill the title of the new form of nationality which can be acquired before 1st July 1997 by those who are BDTCs by virtue of a connection with Hong Kong. Finally, the Government announced during the Committee stage in this House their decision to extend the entitlement to acquire British Overseas Citizenship to second generation descendants of former Hong Kong BDTCs if they would otherwise be stateless. I was glad that all noble Lords who have spoken have referred to this important amendment. I was, if I may say so, particu- larly pleased that the noble Lord, Lord Kadoorie, referred to this matter. We have indeed missed him during the course of our proceedings and we are glad that he was able to take part this afternoon.
As many noble Lords have noted, the passage of this Bill through Parliament marks not the end but rather a new beginning in our involvement with Hong Kong. The United Kingdom remains fully responsible for the administration of the territory until 30th June 1997. I hope that will reassure the noble Lord, Lord Kadoorie, in respect of the point he raised. Consultations with the Chinese Government about implementation of the agreement and matters relating to the transfer of government in 1997 will continue in the joint liaison group until the year 2000. But Britain's interest in Hong Kong, and her close links with the territory and its people, will of course continue after our formal responsibilities have ended. The Hong Kong agreement between Britain and China which this Bill will enable the Government to ratify has been welcomed in Parliament and in Hong Kong as an excellent framework of arrangements for Hong Kong's future.
I should like to thank all noble Lords who have taken part in our debate, and particularly the noble Lord, Lord Geddes, for his most valuable contributions; my noble friend Lord Gridley, for the points he has made in drawing our attention to the situation of civil servants in Hong Kong; and my noble friend Lady Vickers. A mood of confidence has
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returned to Hong Kong; a confidence shared by the Government, and I belive by this House. It is in this positive, forward-looking spirit that I warmly commend this Bill to the House.
On Question, Bill read a third time, and passed.
Child Abduction and Custody Bill [H.L.] 3.43 p.m.
The Lord Chancellor (Lord Hailsham of Saint Marylebone): My Lords, I beg to move that the House do now resolve itself into Committee on this Bill.
Moved, That the House do now resolve itself into Committee. (The Lord Chancellor.)
On Question, Motion agreed to. House in Committee accordingly. [The LORD ABERDARE in the Chair.] Clauses 1 to 3 agreed to.
Baroness Faithfull moved Amendment No. 1: After Clause 3, insert the following new clause:
("Reports for applications.
In considering an application under the Convention, in all cases the Central Authority shall ensure that a full report on the case is prepared in writing by a local authority, probation officer or other qualified person, such report to include where practicable the wishes and feelings of the child.").
The noble Baroness said: There are a number of amendments in my name on the Marshalled List and in the names of the noble and learned Lord, Lord Elwyn-Jones, and the noble Lord, Lord Mishcon. All these amendments have the same purpose and texture. They are based on my experience of court work in divorce cases and in custody cases. I remember well children appearing before the magistrate's court in a custody order where custody was given to one of the parents, and where the children were not heard although they had been asked by the probation officer or social worker what their views were.
The magistrates made an order without hearing the children and taking simply and solely the reports submitted to them. Those children ran away the next day. They came to my office and asked, “Why didn't the court hear us? Why didn't they hear what we had to say? We refuse to go home". The case had to be reheard. Having been reheard, custody was given to the other parent. This was because although the mother was an extraordinarily able person, she was a mental patient at the time-which nobody knew. The children found it very difficult to be in the home with her. These amendments have been set down with that experience in mind.
I therefore move first Amendment No. 1, which reads:
"In considering an application under the Convention, in all cases the Central Authority shall ensure that a full report on the case is prepared in writing by a local authority, probation officer or other qualified person, such report to include where practicable the wishes and feelings of the child”.
I have said that in my experience of working in the courts, it is a disaster not to take heed of what children think and to treat them just as baggage as between the parents. It is in that spirit that I beg to move Amendment No. 1.
No comments yet.
Private notes are available after approval.