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1273
Hong Kong Nationality.
1
16 JANUARY 1986
such a person, would remain stateless as a result of the agreement. During the Committee Stage of the Bill in another place, this undertaking was extended to cover the grandchildren of former Hong Kong British dependent territories citizens if they were born stateless.
Our proposals to deal with that undertaking are set out in article 6. It provides that any former Hong Kong British dependent territories citizen who for any reason has not acquired the BN(O) status to which he is entitled and would otherwise be stateless in 1997 will automatically become a British overseas citizen on 1 July of that year. Any of their children born after June 1997 if they would otherwise be stateless, will also acquire British overseas citizenship at birth, and any of their grandchildren, if born stateless, will be entitled to be registered as British overseas citizens.
Mr. Max Madden (Bradford. West): The Minister may well be aware that the Library of the House of Commons has produced an addendum to the research note previously issued, No. 205, dated 3 December. The addendum is dated 15 January, the last paragraph of which
says:
"The possibility of statelessness could arise for people who do not have andcannot obtain any citizenship other than that of Hong Kong but are not Chinese and therefore not automatically claimed by the Chinese Government as nationals of China. This could apply to a minority of the roughly two per cent, of Hong Kong's population who are not Chinese."
Can the Minister confirm that that statement is correct, and if so, whether it is compatible with what he is now saying to the House?
Mr. Waddington: I think that the hon. Gentleman may not have been following what I was saying. I shall come back to this later. The whole point of article 6 is to make provision, otherwise there would be statelessness because of article 6, there will not be statelessness. If a non- Chinese ethnic person chooses for some reason not to apply for BN(O) status before 1 July 1997--he is, of course, entitled to apply for it-then, as distinct from ethnic Chinese inhabitants of Hong Kong. he will not automatically become a Chinese citizen. Therefore he could, if he had no other nationality. be stateless -- hence article 6 in furtherance of the undertakings given to the House automatically to give such a person the status of British overseas citizen. I shall come back to this in more detail, because it is one of the most important matters under discussion.
Non-Chinese ethnic BDTCs will be entitled to BN(O) status, but if for any reason they do not become BN(O)s. they will have a recognised nationality status, and so will their descendants until well into the middle of the next
century.
The Government recognise, of course, that nationality status alone is not sufficient. It is equally important that those now established in Hong Kong should continue to have right of abode there. Clearly, right of abode in Hong Kong after June 1997 cannot be secured by holding any form of British nationality, since Hong Kong will no longer be part of British territory. For this reason the agreement made separate provisions to safeguard rights of abode in Hong Kong. These are set out in section XIV of annex I to the joint declaration. For the non-Chinese ethnic community, right of abode is guaranteed to all those who have been ordinarily resident for seven years in Hong Kong either before or after the establishment of the Hong Kong special administrative region, and who have taken
as then place of permanent residence. The same guarantee extends to their children born in Hong Kong: and to anyone who had right of abode only in Hong Kong before I July 1997 even if he has not been there for seven years. In other words, the guarantee cover all the non- Chinese ethnic Hong Kong British dependent territories citizens except those who have left Hong Kong permanently and have the right of abode elsewhere.
The Indian community in particular, with support from the Executive and Legislative Councils of Hong Kong, argue that these provisions do not go far enough. They are concerned firstly that BN(O) status will not itself give them right of abode in Hong Kong; and secondly, about the nationality status of their descendants after the second generation born after 1997. and they have therefore asked to be granted British citizenship rather than BN(O) or BOC
status.
I shall listen very carefully to all that is said in the debate, but I have to say that the Government are not persuaded that it would be right to grant British citizenship to those BDTCs who are not ethnically Chinese. They want to continue to live in Hong Kong. The joint British declaration guarantees their right to do so.
citizenship cannot help them in this regard. British citizenship cannot, after 30 June 1997, give them the right of abode in a territory which will no longer be British. Furthermore, the grant of British citizenship would not benefit future generations any more than the present proposals. 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 BOC status. After that there is no automatic claim to entitlement or registration as a British citizen. There is, therefore, no advantage for future generations in avoiding statelessness or securing their future in Hong Kong by conferring British citizenship on the non-Chinese ethnic community in Hong Kong.
Mr. Barry Sheerman (Huddersfield) rose-
Mr. Robert Adley (Christchurch): Will my hon. and learned Friend give way?
Mr. Waddington: To be fair, I must give way to an Opposition Member first.
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Mr. Sheerman: Surely the Minister has met members : of the Indian community, to whom many of us have listened sympathetically. The Minister's remarks will not put their minds at rest. Can the Minister speak again in the debate and go further to try to put their minds at rest? That part of the community has special worries and a special place in Hong Kong, and in the United Kingdom.
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Mr. Waddington: The House was anxious that we should follow tonight's procedure. The House was anxious that the Government should not just bring before the House : a draft order and ask for its approval after a one-and-a-half hour debate after 10 o'clock. It would be silly to say that, I was not here to listen. The whole purpose of the exercise is that I should listen to everything that hon. Members say. It would be equally silly if I did not spell out the difficulties. It would be unfair to give the impression that there are no difficulties. I shall listen carefully.
Mr. John Morris (Aberavon): Is the comparison with other nationalities fair? The claim by non-Chinese ethnics
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No comments yet.
Private notes are available after approval.