TNAG-1558-FCO40-2122-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 44

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Hong Kong (Nationality)

16 JANUARY 1986

that we will use the power most sparingly. My right hon. Friend the Minister for Overseas Development was at great pains during the debate on the British Nationality Bill to make that clear. I must also make it absolutely plain that there are service men all over the world who gave great service to humanity during the war. All over the world there are service men who suffered confinement and deprivation. There are Sikhs, Gurkhas and countless others who might feel that they, too, have a claim to British citizenship if claims under section 4(5) are granted.

Mr. Ashdown: I shall ignore the fact that such people are not in the same circumstances as people in Hong Kong. Have any claims-not just those made by service men under section 4(5)—been granted?

Mr. Waddington: No, but a number of claims are under consideration, and of course they need careful consideration.

I should like to deal now with the question of non- Chinese British dependent territory citizens. I agree with my hon. Friends the Members for Christchurch (Mr. Adley) and for Mid-Kent (Mr. Rowe) that to grant British citizenship now would certainly be looked at by some, particularly the Chinese, as a demonstration of a lack of confidence in the Sino-British agreement. Those who have been urging that course have frankly admitted that the real argument is that there should be an escape route for these people in case things go wrong.

Non-Chinese BDTCs can, like others, apply for BN(O) citizenship. If they do not apply, there are fallback provisions and the availability of BOC status until the middle of the next century. Such people would be able to apply to become Chinese nationals. I shall try to clarify matters for the hon. Member for Stalybridge and Hyde (Mr. Pendry) and for my hon. Friend the Member for Mid- Kent, who are concerned about that.

That matter has been discussed with the Chinese Government in the Sino-British joint liaison group. The Chinese Government have confirmed that non-Chinese who meet the legal requirements under the Chinese nationality law may apply for Chinese nationality and that such cases would be dealt with by the appropriate authorities. People will not, of course, be compelled to apply for Chinese nationality.

The right of abode provisions agreed with the Chinese Government provide the best possible guarantee that those people established in Hong Kong and their children can continue to live there. There is no other satisfactory or reliable way to provide people in Hong Kong with what they want the right of abode there. In the unlikely event of any British nationals being forced to leave Hong Kong and having nowhere to go, we have made it clear that we would expect the Government of the day to consider sympathetically whether to admit such people on a case by case basis in the light of particular circumstances.

In trying to identify particular groups, one immediately runs into trouble. Of course, one never finds two groups in the same position. An examination of a group's composition shows that people within a particular group are not all in the same place.

That is a valuable reminder to the House that it is always possible for the Home Secretary to exercise his discretion to allow someone to enter the country and later qualify for British nationality if there is exceptional

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hardship. In the case of a minor, somebody under the age of the majority, section 3(1) of the British Nationality Act 1981 allows the Home Secretary to grant British nationality as a matter of discretion.

Hon. Members are concerned that we should act as quickly as possible to ensure that the BN(O) passport, when it is issued, will be recognised by other countries and be as acceptable as the present BDTC passport. The Government will not forget the advice that has been given. That advice is in accordance with the plans already made by the Foreign Office in that regard. I was able to tell the House earlier that great strides have already been made, and it is very encouraging indeed that certain countries have made it plain that they are happy to acknowledge and recognise that passport.

The debate was an opportunity for the House to express its views. We have had a most interesting debate, and some of the matters mentioned go wider than the draft Order in Council. Of course, on the question of the endorsement of the passport, the Government cannot be indicted for not dealing with that in the order because that-

Mr. Norman Hogg (Cumbernauld and Kilsyth) rose in his place and claimed to move, That the question be now put.

Question, That the Question be now put, put and agreed to.

Question put accordingly, That this House do now adjourn:--

The House divided: Ayes 99, Noes 144.

Division No. 39)

Adams, Allen (Paisley N) Anderson, Donald Archer, Rt Hon Peter Ashdown, Paddy Atkinson, N. (Tottenham) Barnett, Guy Barron, Kevin

Beckett, Mrs Margaret Bell, Stuart

Benn, Rt Hon Tony Bermingham, Gerald Blair, Anthony Boyes, Roland Bray, Dr Jeremy Buchan, Norman Campbell-Savours, Dale Canavan, Dennis

Carlile, Alexander (Montg'y) Clarke, Thomas

Clay, Robert

Clelland, David Gordon Clwyd, Mrs Ann

AYES

Cook, Frank (Stockton North) Cook, Robin F. (Livingston) Corbett, Robin

Cox, Thomas (Tooting) Craigen, J. M.

Crowther, Stan

Fisher, Mark

Flannery, Martin Foster, Derek Foulkes, George

[10 pm

Freud, Clement George, Bruce Godman, Dr Norman Hamilton, James (M'well N) Hancock, Michael Haynes, Frank

Hogg, N. (C'nauld & Kilsyth) Holland, Stuart (Vauxhall) Home Robertson, John Kaufman, Rt Hon Gerald Lamond, James Leighton, Ronald Lewis, Terence (Worsley) Lloyd, Tony (Stretford) McCartney, Hugh

McDonald, Dr Oonagh McKay, Allen (Penistone) Maclennan, Robert McNamara, Kevin McWilliam, John Madden, Max Marek, Dr John

Maxton, John

Maynard, Miss Joan

Davis, Terry (B'ham, H'ge H') Michie, William

Deakins, Eric Dewar, Donald Dixon, Donald Dormand, Jack Dubs, Alfred Eadie, Alex

Evans, John (St. Helens N) Ewing, Harry

Fatchett, Derek

Faulds, Andrew

Fields, T. (L'pool Broad Gn)

Mikardo, lan

Millan, Rt Hon Bruce

Miller, Dr M. S. (E Kilbride)

Morris, Rt Hon J. (Aberavon) Nellist, David

O'Brien, William

Park, George Parry, Robert Pendry, Tom Pike, Peter Randall, Stuart

671