TNAG-2941-FCO40-4217-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 64

confidence.

I would say further that the fact that there should be no right of abode does not mean that it would be impossible for such persons to come to the United Kingdom. There are a number of avenues for BDTCS or BOCS to seek settlement in this country under the immigration rules. The same avenues would be open to BN(0)s. All such categories of people would, after settlement here, eventually be entitled to registration as British citizens under Section 4 of the British Nationality Act. In the unlikely event that any BN (0)S and BOCS came under pressure to leave Hong Kong and had nowhere else to go, we would expect that the Government of the day would consider sympathetically whether to admit them, on a case by case basis in the light of their circumstances. The discretion to do this already exists in existing legislation.

The noble Lord, Lord Avebury, suggested that there was no provision on the agreement of Indians in Hong Kong to become Chinese nationals because the Chinese Government were not willing to have such a provision. This is not so. The Government did not seek such a provision. It is for the Indians in Hong Kong to apply for Chinese nationality after 1997 if they so wish. Article 7 of the Chinese nationality law clearly makes such applications possible.

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This amendment goes to the heart of the bill in a number of ways. I have spoken to the amendment at some length, and I hope that I have succeeded in convincing your Lordships that to pass this amendment would damage the Bill and would therefore damage the Government's plans for ratification of this agreement agreement which I think we all believe is an excellent one and much in the interests of Hong Kong and its people. We do not, I am sure, wish to put this at risk. I hope that, in the light of what I have said, the noble Lord, Lord Avebury, will feel able to withdraw his amendment.

EXTRACT ENDS

MR WADDINGTON ON 16.01.86:

Debate on White Paper (Hong Kong Act 1985) nationality provisions

EXTRACT FROM HANSARD

Non-Chinese BDTCs can, like others, apply for BN (0) citizenship. If they do not apply, there are fallback provisions and the availability of BOC status until the middle of the next century. Such people would be able to apply to become Chinese nationals. shall try to clarify matters for the hon. Member for Stalybridge and Hyde (Mr Peudry) and for my hon. Friend the Member for Mid-Kent, who are concerned about that.

That matter has been discussed with the Chinese Government in the Sino-British Joint Liaison Group. The Chinese Government have confirmed that non-Chinese who meet the legal requirements under the Chinese nationality law may apply for Chinese nationality and that such cases would be dealt with by the appropriate authorities. People will not, of course, be compelled to apply

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