TNAG-2189-FCO40-3126-Hong-Kong-nationality-package-1990 — Page 131

-

Hung King

20 DECEMBER 1989

stability and prosperity. Some countries have already found ways to give Hong Kong people assurances without their having to leave Hong Kong. It is clearly for us to take the lead, and I have set out our specific commitments. We shall now be asking our partners and allies to follow this lead.

I emphasise two final points. First, our proposals will be restricted to Hong Kong and the unique problem which we face there. They will have no relevance to other people elsewhere, and the principles of the British Nationality Act 1981 will remain intact. Second, they are designed not to encourage immigration into this country, but to persuade to remain in Hong Kong those whom we need to retain there if our last substantial colony is to pass successfully through the final eight years of British rule.

Mr. Gerald Kaufman (Manchester, Gorton): Is the Foreign Secretary aware that on 5 July I made absolutely clear the view of Her Majesty's Opposition about the right of abode here? I said in this House:

"The Opposition believe that it would not be right to offer any commitment to Hong Kong British dependent territory passport holders on the right of entry into the United Kingdom or the right of abode here."

I added:

"I state clearly that the Opposition are against the creation of special favoured categories based on status or añuence.” -Officia! Report, 5 July 1989; Vol. 156, c. 312-13.Į

For six months no one can have been in any doubt about our position. This afternoon the Foreign Secretary cited in his support the Select Committee on Foreign Affairs. However, that Committee did not recommend his scheme, but specifically stated, under the recommendation of its own scheme, that the British Nationality Act 1981 would not be amended, what is more, it recommended use of the Home Secretary's discretion under section 4(5) of the Act. In this House on 5 July I suggested that vulnerable Crown servants could be helped by the use of the Home Secretary's discretion under the immigration Act 1971.

On the basis of the scheme which he has put forward today, the Foreign Secretary has come to the worst way of fulfilling what he regards as his commitment. He has not worked out what he believes are essential categories and then decided to legislate on them, but thought of a number, haggled about it with the Home Secretary and been beaten down. He now offers that number to the House and says that it will be filled on the basis of a points system.

Such a system is inherently unworkable, invidious and divisive. How are the points to be weighted? How are they to be allocated? Who will allocate them? Will all heads of households in Hong Kong be invited to be considered? If not, how are those to be considered to be selected? Are they to be interviewed individually? For the British language qualification, are there to be tests? Will they be written or oral? How will points be allocated on the basis of the value of an individual's service—a highly subjective criterion? How will points be allocated on the basis of propensity to emigrate and vulnerability? How will points be allocated on length of service to British institutions— and which institutions?

All hon. Members whose local authorities operate a points system for the operation of dwellings know what bitterness and dissatisfaction such a system arouses. How much more bitterness and envy will be aroused by a points system which decides who will receive the most prized possession of all-a British passport?

195 CDSS 5 Job 1-12

Hong Kong

366

Does the Foreign Secretary believe that it is proper for on clearly a British passport to be allocated, not established criteria which everybody can understand, but on the basis of the accumulation of a number of points allocated on a subjective basis to the arbitrarily chosen number of 50,000 people placed in a queue? How will the 50,001st person in that queue feel, and how will others feel? Far from improving confidence, as the Foreign Secretary claims that he wishes the system to do, it will arouse doubt and uncertainty because no one will be sure whether he or she qualifies until the laborious process has been completed.

If the scheme is embodied in an Act, a Labour Government, on coming to office, will examine how far it has gone and how it has worked---[ Interruption.]

Mr. Speaker: Order.

Mr. Kaufman: A Labour Government will not be bound to continue it, but first we shall seek to prevent such a scheme from becoming law. We shall oppose legislation which is not only elitist and discriminatory but which, in our view, is wrong in principle.

Mr. Hurd: The right hon. Gentleman began by saying that we could be in no doubt about the position of the Opposition. It is perfectly true that we are in no doubt about what they are against. As he said, the Opposition have made it clear that they are against the right hon. Member for Yeovil (Mr. Ashdown), who argued wrongly that everyone who had a United Kingdom dependent territories passport should be given the right of abode.

The right hon. Gentleman has said that he is against categories, but I am not sure what he is in favour of. He must know, because he has visited Hong Kong, the overwhelming feeling not only in the public service but in the private sector that unless there is a scheme of this sort ---of course they would like the numbers to be bigger-the life blood will gradually drain out of Hong Kong.

People in key positions in Hong Kong-the right hon. Gentleman entirely neglected the private sector, which was absurd--are telling their employers that they want to stay. They say that their homes, positions and lives are in Hong Kong, but that they want some sense of assurance: if they belonged to a French company, the French would give them a French passport, but as they work for a British company they have no such assurance.

My right hon. Friend the Home Secretary and I have not been bashing out this difficult matter. It has been worked out between the main Departments for many months and it has involved different people. Some newspapers today said that I had won the argument; some said that I had lost it. The point is that we have eventually worked out what we believe to be the most sensible balance between our desire for good race relations and harmony in our cities—that leads us to reject the SLD proposal—and our strong feeling that the House and the Government have a continuing duty of responsibility to the people of Hong Kong.

The scheme involves a points system, and no one pretends that it will be casy to devisc or administer it. The right hon. Gentleman will have plenty of opportunities as the Bill goes through the House to examine how the points system will operate, but basically assurances will be given to no more than 50,000 heads of households. Some of those assurances will be held back, for the obvious reasons that I have explained.