TNAG-2198-FCO40-3152-Hong-Kong-nationality-spouses-and-widows-of-British-expatria-1990 — Page 51

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

British Nationality (Hong Kong) Bill

¡amshire, E. worth. L. ness. E.

decote, V.

Campbell of Alloway, L. Campbell of Croy, L.

Carnegy of Lour, B. Camock, L.

Cavendish of Furness, L.

Clanwilliam, E.

Cottesloe, L. Cox, B.

Craigavon, V.

Crook, L.

Cullen of Ashbourne, L. Davidson, V. [Teller.]

De L'Isle, V.

Denham, L. [Teller.] Derwent, L.

Eccies of Moulton, B.

Ellenborough, L.

Elles, B.

Elliot of Harwood, B.

Elton, L.

Erroll of Hale, L.

Faithfull, B.

Ferrers, E.

Flather, B.

Fraser of Kilmorack, L.

Geddes, L.

Glenarthur, L.

Gray of Contin, L.

Greenhill of Harrow, L. Greenway, L. Gridley, L.

Harmar-Nicholls, L.

Havers, L.

Hayter, L.

Henley, L.

Hesketh. L.

Hives, L.

Hooper, B.

Howe, E.

Hylton-Foster, B. Ilchester, E.

Jenkin of Roding. L.

Johnston of Rockport, L. Joseph, L.

Kadoorie, L.

Kimball, L.

Kinioss. Ly.

Kinnaird, L.

Kitchener. E.

Lauderdale. E.

Layton. L.

Long, V.

Lothian, M.

Lyeil, L.

McColl of Dulwich, L.

Mackay of Clashfern, L.

| MacLehose of Beoch. L.

Macleod of Borve, B.

| Mancroft, L. Manton, L. Margadale, L. Marshall of Leeds, L. Merrivale, L.

! Mersey, V.

Monson, L.

Monteagle of Brandon, L. Mowbray and Stourton, L. | Munster, E.

| Murton of Lindisfarne, L. : Nelson, E.

Norfolk, D.

Nugent of Guildford, L. Orr-Ewing, L.

¦ Oxfuird, V.

! Pearson of Rannoch, L.

Pender, L.

Peyton of Yeovil, L.

[LORDS]

Plummer of St. Marylebone, L. ¡Porritt, L.

Pym, L.

Reay, L.

Renton, L.

Renwick, L. Rodney, L. Romney, E.

St. Davids, V.

Sanderson of Bowden, L. Seebohm. L. Selkirk, E.

! Sharples. B.

Shaughnessy, L.

Sherfield, L. Skelmersdale, L. Slim, V.

Stodart of Leaston, L.

¡ Strange, B.

Strathcarron, L.

| Strathclyde, L.

Strathmore and Kinghorne, E. Strathspey, L.

Swinton, E.

Thomas of Gwydir, L. Thorneycroft, L. Thurlow, L. Trumpington, B. Tryon, L.

Ullswater. V.

Vaux of Harrowden, L. Wade of Chorlton, L. Wedgwood. L. Westbury. L.

Willoughby de Broke. L. Wynford. L. Young, B.

Resolved in

in the negative, and amendment disagreed to accordingly.

4.56 p.m.

Earl Ferrers: My Lords. I beg to move. That the Bill do now pass. No one who has listened to the Bill's passage could be in any doubt that Hong Kong needs the Bill. Reactions in Hong Kong make it perfectly clear that that view is widely held within the territory itself. where the outcome of these proceedings is keenly awaited.

I am especially grateful to those who, notwith- standing their disagreement with the principle of the Bill. have nevertheless helped us to examine the proposals in a most constructive spirit. I recognise that some compelling arguments were advanced last week, and today, in favour of some of the

British Nationality (Hong Kong) Bill

1228

amendments which we discussed. I am grateful to those of your Lordships who have contributed to the Bill's passage.

The Bill is, of course, an exceptional measure and a departure from normal nationality principles. We have, therefore, been concerned that it should be tightly drawn. The arrangements will lapse in 1997. That is a built-in deadline. The Bill will apply only to the 50,000 people and their immediate families. That has been a central feature of the Bill, and it is especially important. It means that, for those who are not covered by the Bill, the acquisition of British citizenship will continue to be governed by the normal operation of the British Nationality Act 1981. It is for that reason that the Government were unable to accept proposals to make provision in the Bill for spouses of existing British citizens in the territory.

We recognise, however, that in the special circumstances of Hong Kong it is natural for British citizens to be anxious about the position of their spouses. My right honourable friend the Home Secretary has given further thought to that matter in the light of the representations which he has received.

As I indicated last week, in responding to an amendment moved by the noble Baroness. Lady Ewart-Biggs, my right honourable friend has extended the assurance which he gave in April that widowed spouses of British citizens, who had died while resident in Hong Kong, would be allowed to settle here on the same terms as if the British partner were still alive. That assurance now applies whether or not the widowed spouse has citizenship of a third country, provided that he or she is still resident in Hong Kong and has not remarried.

Perhaps I could take this opportunity to bring to your Lordships' attention another step which my right honourable friend intends to take to assist British citizens in Hong Kong and their spouses. He understands the expatriates concern that their spouses should be able to obtain some evidence of their status, and should be able to obtain an assurance that, if they decide to come to the United Kingdom. their entry clearance applications will be processed quickly.

I can now tell your Lordships that we are setting up an arrangement whereby the spouse of a British citizen can provide the Hong Kong immigration department with details of his or her marriage. The details will be entered in a register and the spouse will be given a letter, which will be issued on the Home Secretary's behalf, explaining that he or she is eligible to settle in the United Kingdom provided that the immigration rules requirements are met. The letter will also include an assurance that any future entry clearance application will be given priority.

Those new arrangements, together with the assurance on widows, will, I hope, remove any fears which the expatriate community may have had about whether their spouses or widows would be allowed to settle in the United Kingdom at any time in the future. without unnecessary delay, should they wish to do so.

034 LDII:18 Job 3-7

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