TNAG-1560-FCO40-2124-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 135

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Hong Kong Act 1985:

[LORD MISHCON.]

[ LORDS]

the hassling of Hong Kong businessmen, and so on. That was a fundamental point of the article in the Economist. It seems peculiar if everybody is wrong and the Home Office is right.

Lord Glenarthur: My Lords. I shall certainly look into the matter, but I am not aware of any particular cases. If anyone knows of any particular cases, then if we can have the details they can be followed through." However, it is impossible to do so without knowing the details.

Returning to the point about endorsement, a simple endorsement in the passport on the lines suggested by the Legislative Council could, if we are not careful, give a misleading impression about a traveller's position in relation to the immigration rules, and we do not want to create misunderstanding and make travel more difficult. We have noted the statement made by the Legislative Council that it is not seeking exemption from the United Kingdom's normal immigration rules and formalities. We understand that, but we must ensure that individuals now or in the future are not misled into believing that the suggested endorsement would give them such exemption.

I hope it will be quite clear from what I have said that the Government have taken the point fully on board. This issue was considered in some detail in the debate in another place last week. Since then some further thought has been given to this matter, and in the light of what your Lordships have said I can say that we shall do our best to find an acceptable formula.

Lord Avebury: My Lords, if the noble Lord is finishing on that point, could he address himself to the question of how the Americans managed to issue the multiple re-entry visa which is valid for the whole of the currency of a passport. where this does not, as I understand it, exempt a person from the immigration control laws of the United States, and no one suspects that it does?

Lord Glenarthur: My Lords, in his intervention the noble Lord has just beaten me to the next note to which I was going to refer in answering that point. Multiple visit entry clearances of limited validity are already available for business visitors. This facility is not currently available to ordinary visitors and there are no plans for extending these arrangements generally. However, I note the noble Lord's comments on this, and I shall pass them to my right honourable friend for his consideration. I hope that that at least gives him something of an assurance on the matter.

I turn now to the question of international acceptability of BN(O) passports, a point again raised throughout the debate. A number of your Lordships have referred to the need to ensure that holders of these passports will enjoy the same freedom of travel as is currently enjoyed by BDTC passport holders. The freedom to travel is a matter of considerable importance to the people of Hong Kong. The Government will do all that they can to ensure that BN(O) passport holders enjoy the same access to other countries as is enjoyed at present by BDTC passport holders.

Nationality Provisions

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The importance we attach to this is one reason why we are introducing the new status at such an early date. in order to give immigration officers in third countries 10 years to get used to its endorsement in passports. We shall explain the new status and the new passport endorsements to third countries once the order is in place and before passports showing the new status are introduced in July 1987.

Given the clear indication of right of abode to be included in the passport guaranteeing the returnability of BN(O)s to Hong Kong. I can see no reason for third countries to introduce different restrictions on entry of BN(O) passport holders from those which apply to BDTC passport holders. I believe that those steps should lead to the unfettered right of access which my noble friend Lord Geddes so earnestly desires. In my opening remarks I referred to Australia, the United States and to Europe as well.

The right reverend Prelate the Bishop of Ripon and my noble friend Lady Vickers raised the matter of Vietnamese refugees. The population of Vietnamese refugees in Hong King has now fallen from the 11,000 quoted by the right reverend Prelate to a little over 9.000 as a result of the efforts made to resettle them. Her Majesty's Government have recently agreed to take up to 500 more refugees from the camps. We are working actively to persuade other countries to do more. It is certainly our hope that this problem will have been solved long before 1997. It is right to say that we are continuing to raise the issue with other governments. both directly and in co-operation with the United Nations High Commissioner for Refugees. and have received some encouraging responses from number of countries.

On the question of right of abode in the Hong Kong ordinance, a point raised by the noble Lord. Lord Avebury, the noble Lord is right: the Hong Kong ordinance does not at present use the term "right of abode". It provides equivalent rights under other terminology. But I understand that the Hong Kong Government intend to amend the ordinance so as to include appropriate references to right of abode.

My noble friend Lady Vickers raised the question of the immigration status of students. Understandably, that is an important matter. Like others coming to the United Kingdom for temporary purposes, students do not require entry clearance. although they may obtain. this in advance if they wish. These arrangements. which currently apply to BDTCs, will be precisely the same for BN(O)s. As now students from Hong Kong will continue to be welcome in this country.

My noble friend Lord Geddes asked two questions about passports. He asked why it would not be possible to hold a BN(O) passport and a BDTC passport. He went on to ask a further question on paragraph 4(3) of the draft order. I shall have to find my words very carefully here. but we do not believe that it should be necessary for a BDTC in Hong Kong to retain his BDTC nationality and his passport, and at the same time become a BN(O) and hold that passport. Citizens in Hong Kong will be at no advantage in holding both passports, and it would make it easier for others to abuse the situation. The BN(O) passport is different from others because it gives an absolute entitlement. We agreed with the Hong Kong

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