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[ 23 MARCH 1989 ]
Provided for all Hong Kong British Dependent Territory citizens or those holding BN(O) passports, only a small percentage of them would wish to exercise that right. To legislate on that basis would in effect be little more than a shot in the dark. No one is in a position to predict with any accuracy or certainty what effect such a move would have on Hong Kong, whose population has always been a highly mobile one. To introduce new provisions on the basis that they will never be exercised seems to be a most curious starting point for any proposal for new legislation.
The noble Lord, Lord Wyatt, and other noble Lords suggested that the Chinese Government would have no objection to his proposal. I am no so sure. It would certainly not be right to attach any weight to the fact that the joint declaration does not explicitly rule out what the noble Lord has in mind. The Chinese memorandum
on passport and nationality matters associated with the joint declaration states that under Chinese nationality law:
"All Hong Kong Chinese compatriots, whether or not they are British Dependent Territory citizens, are Chinese nationals". It would not be easy to reconcile that with the proposal that 3-25 million Hong Kong Chinese should also acquire full British citizenship.
The noble Lord, Lord Wyatt, and my noble friend Lord Fanshawe-and probably other noble Lords- expressed concern that Britain may be losing out in failing to attract investors or professionals from Hong Kong. We have also an important responsi- bility to ensure that Hong Kong does not lose out. But, from whatever premise one starts out, we are satisfied that our provisions for investors to gain entry for settlement in the United Kingdom are broadly as favourable as those of other countries which emigrants from Hong Kong traditionally choose to go to. Entry for settlement can be granted to people willing to invest £150,000 in a business in a way which creates two new jobs. Once such a person has obtained settled status, the way is open for him to apply for citizenship. My right honourable friend the Home Secretary of course has discretion in interpreting the established residence criteria for granting settled status, and I know that he is fully aware of the benefits that can be generated by exercising this discretion in cases where people wish to bring investment and entrepreneurial energy to the United Kingdom.
I am of course well aware that emigration is a matter of concern in Hong Kong, and my noble friend Lord Fanshawe certainly referred to it. It is certainly true that emigration from Hong Kong is increasing. Indeed, the accurate figures were given by the noble Lord, Lord Wyatt and other noble Lords. Moreover, a proportion of those who are leaving are professional or well-qualified people. However, it would be quite wrong to suggest that all 45,000 who left in 1988 are qualified. I must stress that it is only a proportion who are in that category. It is important to look at this trend in perspective. Hong Kong people have traditionally been very mobile, often spending some years abroad for study or training. There are now more opportunities for emigration to some countries such as, Canada or
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Australia, which operate a world-wide quota system for people with skills that are in short supply in those countries.
The fact that many Hong Kong people go elsewhere seems to suggest that there must be other reasons why they choose to go principally to Canada, Australia and the United States. One reason is that there are well-established and prosperous Chinese communities there which have family ties to people in Hong Kong. Another is that these countries have attempted with some success to encourage immigration, while over the same post-war period we have been actively restricting it. Your Lordships will need no reminding of the many factors which have contributed to this difference of approach.
It has also been suggested that the United Kingdom should do more to attract professional people who are contemplating leaving Hong Kong. In fact, our immigration rules already do provide for talented and experienced people to come here as employees.
If we were to go beyond that and make special arrangements targeted on particular groups of people in Hong Kong, that would run counter to our responsibilities under the joint declaration. It would be seen in Hong Kong as divisive and discriminatory. Our action could be interpreted-rightly, I think-as an attempt to cream off the best in Hong Kong at the expense of the future prosperity of the territory.
The noble Lord, Lord Wyatt, my noble friends Lord Fanshawe and Lord Geddes and the noble Lord, Lord Maclehose, have also suggested that arrangements should be made for civil servants in Hong Kong to be granted British citizenship. They referred in particular to Section 4(5) of the British Nationality Act. Under that section, civil servants who are BDTCs or BN(O)s may apply for registration as British citizens.
I understand the concerns which have been voiced about this matter. But I must say to my noble friend Lord Geddes and the noble Lord, Lord Maclehose, that as they themselves hinted-it was made perfectly clear when the Bill was going through Parliament th Crown servants in dependent territories cou not expect British citizenship as an automatic ward for long and loyal service. Citizenship would be granted only where particularly deserving service had been rendered to the Crown; the applicant's connections with the United Kingdom would also be relevant, and, as both noble Lords would expect me to say, each application is considered on its merits.
The noble Lord, Lord Wyatt, has argued that the provisions of Section 4(2) of the British Nationality Act should be interpreted more flexibly to allow larger numbers of Hong Kong people to register as British citizens. The provisions of the law are quite specific in terms of what requirements must be met, in particular residence requirements, before BDTCs or BN(O)s can register as British citizens. Flexibility is set out in Section 4(4), but obviously it cannot be expected that that could be exercised to the extent of undermining the spirit of the Act.
It was also suggested by the noble Lord, Lord Wyatt, that immigration restrictions under Section
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