197
British Nationality (Hong Kong) Bill
22 MAY 1990
make ting as objective as possible by measuring grades achieved in exams in English. If people have not taken such an exam or if they believe that their proficiency is far higher than the grades they have achieved reflects, the conduct of a test would seem to be the fairest and most sensible way of proceeding.
The hon. Gentleman also had queries about links with Britain. We have set out our proposals for awarding points on the basis of such links. The hon. Gentleman asked about points given for property held here. Those links are worthy of modest recognition and we have suggested five points, not 15 as the hon. Gentleman did. However, we are more than ready to consider hon. Members' views on what should or should not gain points under that heading. If the hon. Gentleman will clarify whether he believes that property held here should secure fewer points or no points or that we have set the qualifying value wrongly, I shall reflect further on his comments. It seems to me that such a connection with this country should not be totally ignored.
The hon. Gentleman referred to key entrepreneurs. As the explanatory note made clear, some people would be invited to apply, but that does not mean that they can apply only by invitation. They can do so on their own initiative. It is a very small sector, with a maximum of about 500 people. The Governor could invite people to apply-in that case, the process would not be anonymous—and he would do so on the basis of their reputations in Hong Kong. During the selection process other people might be picked out who have applied in one or other of the categories and whose applications suggest that they should be considered in that small special sector.
The hon. Gentleman asked whether the registration of spouses and children would be automatic, and this gives me an opportunity to clarify what has been said in earlier discussions. Spouses and minor children will need to apply and will often, and perhaps generally, do so at the same time as the main applicant. Citizenship will normally follow as a matter of course, the only circumstances in which it will not will be if there are reasons to believe that the people are not of good character or, in the case of a spouse, if the marriage took place after the person selected under the scheme ceased to be resident in Hong Kong or if it ended since the application was made.
Mr. Robert Maclennan (Caithness and Sutherland): If a spouse is refused permission, can he or she have that refusal tested in court?
Mr. Lloyd: I should prefer to come back to the hon. Gentleman on that issue, but it would depend on the reason for the refusal. For example, if the reason was that the spouse was not normally resident in Hong Kong, that could be challenged in a court. If it was based on character or a particular personal reason, that could well fall within the Governor's discretion.
Mr. Maclennan: Do the Government intend that reasons for refusal will be given so that they may be tested in court in the circumstances cited by the Minister?
E
Standing Committee A
198
Mr. Lloyd: If the reasons were that the spouse was not resident in Hong Kong or that a marriage had not taken place, I believe that the Hong Kong Governor would wish to make them known. The matter involves sharp legal definition and the hon. Gentleman has asked a good question which may be important to a minority of people in Hong Kong. It may be better if I advise him after due reflection, but I believe that I have given him correct answers.
Mr. Darling: I may be wrong, but my recollection is that the Bill makes it clear that no reasons have to be given, so that a person would never know why his or her spouse had been refused permission. On what proposition did the Minister rely in telling the hon. Member for Caithness and Sutherland (Mr. Maclennan), that some grounds would be appealable and others would not? He made that assertion and I should like to know the authority for it.
Mr. Lloyd: The authority is that the Governor does not have to give reasons. The hon. Gentleman is concerned about maximum openness. If a person did not qualify for a specific reason that had nothing to do with character or his merits-for example, if he were not normally resident in Hong Kong-I am sure that the Governor would say so. It is a clear but narrowly defined legal point. It would be sensible for me to write to the hon. Member for Caithness and Sutherland (Mr. Maclennan), and send copies of the letter to other members of the Committee, to make it clear beyond peradventure. The hon. Gentleman is quite right to say that the Governor need not give reasons, but there are reasons which, if they were the sole grounds for choosing to make a rejection, he might want to give, and some of those reasons might be challengeable.
Mr. Maclennan: In such circumstances as the Minister has described is there a good policy reason why it should not be a requirement to declare to the person affected that they do not fall within the category that would enable the spouse to be registered, so that if there is an error, the facts are challengeable, and it would not depend on the discretion of the Governor.
Mr. Lloyd: In the last analysis, recommendation to the Home Secretary for registration must be within the discretion of the Governor. We have had long debates on that subject. I would like to advise the hon. Gentleman by letter of the nature of that discretion as it applies to spouses and, presumably, to children.
The sensitive services section was discussed, particularly in the light of the British Nationality Act 1981. First, I should like to clear up the confusion, which I think arose after an intervention by my hon. Friend the Member for Orpington (Mr. Stanbrook) on Second Reading, about section 4(5) of the British Nationality Act. As the Committee will know, that section allows the Secretary of State to register as a British citizen a British dependent territory citizen who, inter alia, is or has been in Crown service under the Government of a dependent territory.
No comments yet.
Private notes are available after approval.