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Hong Kong (Nationality i
16 JANUARY 1980
Mr. Waddington: With respect to my right hon. Friend. I was not trying to compare the two groups. I was going through the list of matters which were raised in the debate on 9 December and which are mentioned in the letter received by my right hon. and hon. Friends from the Legislative Council.
I am not making a comparison-different arguments apply. The argument for the first case is that they will not be left stateless. The order specifically provides that they will get nationality status. They will get the nationality of British overseas citizen. There is no argument that this would not give them the right of abode in Hong Kong, because, as I pointed out, no nationality is confirmed as being given the right of abode in Hong Kong.
A different argument applies with ex-service men. One cannot deal with ex-service men as a class under the order, because the order only allows us to give people British Citizenship if they come within the statelessness provisions of the Act.
Mr. Paddy Ashdown (Yeovil): Is it possible for the Minister to consider their cases under section 4(5) of the British Nationality Act 1981, using the discretion given by that section at least to consider who might be eligible?
Mr. Waddington: The hon. Gentleman must be clairvoyant. The Government will consider carefully any application for British citizenship under section 4(5) of the British Nationality Act 1981 on grounds of service under the Government of Hong Kong, but I need to make it clear that this section cannot apply to those who were in service under the Government of the United Kingdom, which may have been the position for some of the Hong Kong ex- service men. There is no other provision in the British Nationality Act 1981 under which former Crown servants under the Government of the United Kingdom can be granted British citizenship if they do not meet the normal requirements for citizenship.
It is not possible to say in advance what the outcome of any application under section 4(5) would be. Those who would come within the terms of section 4(5) would be those who had served under an organ of a dependent territory. The Government are committed to using the power very sparingly and granting British citizenship only to those who have given outstanding service. It would be necessary to take these factors fully into account in fairness to other ex-service men throughout the world.
I believe that the provisions in the draft order, taken together with the guarantees given in the agreement. go as far as
we possibly can in ensuring that all British dependent territories citizens resident in Hong Kong regardless of their background, ethnic origin or future citizenship status are ensured of a satisfactory and secure future there and that the provisions are fair for them all. I shall listen with interest and sympathy to the views of the House and will certainly wish to consider carefully any suggestions for overcoming the difficulties that I have outlined in meeting the requests made in the recent letter endorsed by the Legislative Council.
I should like to consider a matter which, while it does not come directly within the terms of the draft order, is nevertheless closely linked with it the detailed arrangements which we propose to follow in issuing passports to British Nationals (Overseas) once the order comes into effect.
We intend to issue these passports from 1 July 1987. Those who then hold valid BDTC passports will be able,
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if they wish. to retam them. From 1 July 1987 Hong Kong BDTCS will have a choice of applying for a BDTC passport with a restricted validity until 30 June 1997 or for a BN(O) passport valid for a full 10 years. It will not be possible to carry both a BN(O) and a BDTC passport. The fee will be set under the Consular Fees act 1980 and, save for exchange variations, it will be the same throughout the world. The fee is for the passport, just as all of us have to pay for passports. As I made clear earlier, it is not a fee for citizenship.
Passports issued to BDTCs in Hong Kong are currently issued by the Governor in the name of Her Majesty. It would be inappropriate for passports issued_to_BN(O)s which will remain valid beyond 30 June 1997 to be issued by the Governor. BN(O) passports will therefore be issued from the start by "Her Britannic Majesty's Secretary of State" as they are at present in the United Kingdom and at consular posts overseas.
One issue which has been of particular concern is the right of abode endorsement to be placed in BN(O) passports. This must be agreed with the Chinese Government, because the United Kingdom Government cannot give such a right in the special administrative region after June 1997. We have therefore discussed this matter with the Chinese Government in the Joint Liaison Group, and they 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 No.-which states that the holder has the right of abode in Hong Kong”.
We expect to reach final agreement on this and other related matters at the next meeting of the Sino-British joint liaison group in March.
This endorsement will effectively guarantee that BN(O)s will be able to return to Hong Kong and there is therefore every reason to think that the BN(O) passport will be acceptable to third countries as the present BDTC passport. This at the present time enables holders to travel to about 70 countries in the world visa free.
I appreciate the concern felt in Hong Kong which has led Members of the Legislative Council to propose an endorsement in the passport to show that the holder does not require entry clearance in the United Kingdom. It is of course a fact that no visas are required for holders of BDIC passports to visit the United Kingdom, but entry clearance is a facility available to those coming to this country who wish to assure their entry before they set off and it would be wrong to say anything that might discourage the use of this facility.
There is another important point to be made. It is a fundamental part of our system of “on entry" control that people arriving here have to satisfy the immigration officer that they qualify for admission under the immigration rules. Obviously we must beware of putting any endorsement in the passport which might mislead and give an impression that is some way examination by an immigration officer and com.liance with the ordinary immigration rules is not required. Bona fide visitors from Hong Kong are always welcome here and always will be, but there are difficulties about an endorsement in the passport and we have to ensure that people are not misled by it. I am, however, considering with sympathy how to meet the concern which Members of the Legislative Council have voiced on this matter.
Mr. John Morris: The Minister will be aware of the concern about the acceptability of the BN(O) passport in
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