415
British Nationality Order 1993
[15 JULY 1993]
special administrative region of Hong Kong is explicitly protected in the Sino-British Joint Declaration and the Basic Law. There is no reason to think that the Chinese will not honour their commitments in that regard. We have, though, over the years regularly assured the non-Chinese ethnic minority in Hong Kong that if, against all expectation, members of that group were to come under pressure to leave Hong Kong and had nowhere else to go, the government of the day would be expected to consider, with considerable and particular sympathy, their case for admission to the United Kingdom. I can repeat that assurance today.
I come back to where I started when I said I felt these were sensitive issues. They are matters about which any government would feel acutely concerned. We are bound under these orders by the British Nationality (Hong Kong) Act. We have tried to be flexible and that is the reason why we have brought forward these orders today. I hope your Lordships will realise that we are doing our best to deal with this problem as sympathetically as possible. I hope your Lordships will find it appropriate not to try to call a Division which would create the impression that there is discord among your Lordships as regards how to solve this problem which is of great importance.
8.35 p.m.
Lord McIntosh of Haringey: My Lords, I rise to respond on my amendment. I am grateful to those noble Lords who have expressed support for the amendment. I note in particular the noble Lords, Lord Chalfont, Lord Wyatt and Lord St. John of Bletso, and of course my noble friend Lord Shackleton who, I suggest, knows more about these issues than almost anyone in the House. I say that with some diffidence bearing in mind the distinguished speeches we have heard this evening.
I am not convinced by the arguments of the Government. I do not think it is true that the Government needed to be limited in the way the Minister described. I do not think the orders show the flexibility that is required. I believe that in many cases they impose new bureaucratic structures rather than creating flexibility. The Minister said that it was possible through the order to re-allocate places in under-used categories to those in the disciplined services. I believe that that matter is probably better dealt with by future negotiation rather than by seeking the opinion of the House at this time. Although I hope that the noble Lord, Lord Bonham-Carter, will not follow my example, I beg leave to withdraw the amendment.
Amendment, by leave, withdrawn.
The Deputy Speaker (Baroness Cox): My Lords, the Question is that the original Motion be agreed to?
On Question, Motion agreed to.
217 LD44/41 Job 7-6
Hong Kong: British Citizenship
Hong Kong (British Nationality)
8.37 p.m.
(Amendment) Order 1993
Earl Ferrers: My Lords, I beg to move.
416
Moved, That the draft order laid before the House on 22nd June be approved [35th Report from the Joint Committee].-(Earl Ferrers.)
On Question, Motion agreed to.
Hong Kong: British Citizenship
8.38 p.m.
Lord Bonham-Carter rose to move to resolve, That this House calls upon Her Majesty's Government to give full British citizenship to members of the non-Chinese ethnic minorities in Hong Kong who will be without a right of abode elsewhere after 1997.
The noble Lord said: My Lords, my first duty is to thank all noble Lords and noble Baronesses who have spoken for the extraordinary unanimity with which they have spoken and for their eloquence, experience and conviction. I particularly wish to thank the noble Baroness, Lady Dunn, who has made a journey to be here and who made such a magnificent speech. I congratulate also the noble Lord, Lord Wilson of Tillyorn, on his shuttle from Scotland to England and back again. I join with others in saying how much I respected the speech made by the noble Lord, Lord Glenarthur. I was particularly pleased to note that the noble Baroness, Lady Thatcher, was in her place throughout the debate. That added greatly to our proceedings. I wish to include in my thanks the noble Earl, Lord Ferrers, who had an absolutely impossible task to fulfil. For once he did not succeed in fulfilling that task.
The noble Earl will not recognise that the ethnic minorities are a special case. He will not recognise what is a unique case. He regards 50,000 as in some way a sacred, magical number which cannot possibly be changed. It can be changed even if it means primary legislation. He did not tackle the questions which were raised by the speakers in the debate.
Although I do not want to embarrass anyone, it seems to me that to say that to have a Division would be a sign of discord is nonsense. What we have seen is real disagreement. I believe that that real disagreement has to be tested. I therefore wish to test the opinion of the House on this Motion.
8.40 p.m.
On Question, whether the said Motion shall be agreed to?
Their Lordships divided: Contents, 60; Not- Contents, 48.
Attlee, E.
Division No. 3
CONTENTS
Bramall, L.
Beaumont of Whitley, L.
[Teller.]
Bethell, L.
Cox, B.
Bonham-Carter, L.
Beloff, L.
Butterfield, L.
Carmichael of Kelvingrove, L. Chalfont, L.
Darcy (de Knayth), B.
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