30 MAR '93 13:54 B4 LINO 051 255 1160
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Hong Kong Ethnic Minorities:
[16 MAY 1986]
Hong K... ¿, of course, The Government will do all they c to ensure that once the order is in place BN(O), sport holders enjoy the same access to other mimimer ne is enjoyed at present by BDTC passport holders.
The importance we attach to this is one reason why we are introxluding
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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 a clear indication of the right of abode to be included in the passport, guaranteeing the returnability of BN(O)s to Hong Kong, and the endorsement regarding BN(O)'s visiting this country, there is no reason for third countries to introduce different restrictions on entry of BN{0} passport holders from those which apply to BDTC passport holders.
Our diplomatic campaign on this matter is not yet under way. The order must first be made. However, there have already been—I hope this will reassure my nable friend-a number of very encouraging indications given to us informally by representatives of countries to which many Hong Kong people travel. I quite accept the importance which is attached, both here and in Hong Kong, to being kept informed of our progress in this campaign of explanation, and the Government will therefore provide reports from time to time on the countries which have been approached. with their responses.
My noble friend asked me another question about whether or not there were any servicewomen among the 270 or so. I am afraid I do not know the answer to that, but i can assure my noble friend that, if there are, they will of course be included in the provisions for servicemen.
The noble Lords. Lord Todd and Lord Mishcon. raised the question of the ethnic Indian BDTCs in another way, and the noble Lord, Lord Mishcon, was intervening in the speech of the noble Lord, Lord Todd. I can confirm what the noble Lord. Lord Mishcon, said in his intervention. As we understand it. Indian citizenship does not permit dual nationality so BDTCs could not under Indian law hold both citizenships.
I appreciate the suggestion of the noble Lord, Lord Todd, as regards the Indian BDTC community in Hong Kong, but to make British citizenship available only to those in Hong Kong before Indian indepen- dence and their dependants would, I submit. be divisive in Hong Kong and unfair to many others who have lived there a very long time and made a similarly important contribution. I am sure the noble Lord will understand the force of that. The ethnic Indian BDTC community in Hong Kong represents less than half of the 11,500 people we are considering.
modiness
The noble Lord, Lord Greenhill, also referred to the Indian Government. At present, as he recognised there has been no indication from the Indian Government antering morimeere to accept for settlement those of the minority British Dependent Territory citizens who may have links with India. Under Indian nationality law, they cannot of course simultaneously hold Indian nationality. But I take his
Citizenship
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point that the attitude of the Indian Government might change in future. We would, of course, be ready in future to discuss any relevant issues with the Indian Government if this might appear useful. What we now
wwer for the ethnic minonties, of whom those of Indian extraction are a minuniy, would in se waj --nalude such discussions.
My noble imena Lurdi Úcúdica rabod in Chutz technical mauer about the drafting of Article 4.2 and I am grateful to him for giving mo notice that he was going to raise it. My noble friend suggested that the drafting of Article 4.3 was defective. I am happy to assure him, not for the first time, that this is not so. It is concerned only with providing that a BN(O) shall lose that status if he loses BDTC. Under the terms of the memorandum in jihe Hong Kong Act, BN(O) will also be BDTCs up to 30th June 1997, but in line with normal passport issuing policy a BN(O) passport holder would not also hold a BDTC passport at the same time, even though he is a BDTC. This is nothing new. There are many people who are, for example, both British citizens and BDTCs but they may not hoid two separate passports at the same time, one in each status. No doubt my noble friend will read what I have said and I hope that I have been able to convince him.
The noble Lord, Lord Saint Brides, suggested offering British citizenship to any Hong Kong BDTO who was from the ethnic minority communities and working in Crown service, We could not use this order to give such people an entitlement. to British citizenship. That would require primary legislation, although I hate to use the word in view of the comments of the noble Lord, Lord Mishcon. It is, of course, open to any Crown servant 10 apply for British citizenship under Section 4(5) of the British Nationality Act 1981, but I do not believe it would be justifiable to offer any form of special consideration to such applications on the grounds of ethnic background alone To do so would not be fair to other Crown servants, nor to other members of the ethnic minorities, and I do not think it would be sensible or satisfactory to try to identify particular groups in Hong Kong in this way.
One assurance that I can give the House-and the noble Lord, Lord MacLchose, asked about it-is to confirm that, as implementation of the joint declara- tion goes ahead, we shall pay particular attention to the position of the ethnic minorities and to provisions of the joint declaration which protect their interests. I hope that the noble. Lard will understand the force of that assurance.
I should like to turn now to the central E this debate. I repeat that the Government fully accept and acknowledge our responsibility towards all British Dependent Territories citizens in Hong Kongsb purpose of the order is to make prov
und consistent between them all and whichy ref wider responsibilities to British nationals the the world. We believe that the order
The order gives an absolute right to au Hong Ko British Dependent Territories citizens to argu form of British nationality, that of Bu (Overseas), and to retain it for life. It ensures none of them will face statelessness, and nor will children or grandchildren. And the agreement
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