HL Deb 02 February 1989 vol 503 cc1209-11

3.15 p.m.

Lord Wyatt of Weeford asked Her Majesty's Government:

What arrangements they propose to make for the issue of EC passports to Hong Kong Chinese British dependent territory citizens comparable to those made by the Portuguese authorities for Macau Chinese citizens.

The Minister of State, Foreign and Commonwealth Office (Lord Glenarthur)

My Lords, Hong Kong British dependent territory citizens and British nationals overseas will in due course be issued with British passports in Hong Kong which are similar to the EC common format passport but without the Community references. Neither these arrangements nor those being made by the Portuguese authorities in Macau will affect the immigration and nationality status of those concerned under existing legislation.

Lord Wyatt of Weeford

My Lords, will the noble Lord consider this matter again? I understand very well why Sir Geoffrey Howe has great confidence in the agreement made with the Chinese Government for what goes on after 1997, but the greatest confidence would be shown if people in Hong Kong were able to have EC passports or their equivalent and vote with their feet if a subsequent Chinese Government did not honour the agreement. It is also the case that very few Hong Kong Chinese would come here because they do not like the climate or our penal taxation system. On the contrary, Britain stands seventh in favourite countries to which to emigrate. It is unlikely that many such passports would ever be used.

Lord Glenarthur

My Lords, I do not think that it will be possible to think again because we are committed to the Joint Declaration and to working for the continued stability and prosperity of Hong Kong. I should have thought that what: the noble Lord proposes would work the opposite way to that which he intends.

Lord Cledwyn of Penrhos

My Lords, is it the case that 100,000 Portuguese citizens of Macau are holding EC passports and the right to settle in this country, whereas holders of British passports resident in Hong Kong have no such right? Is not that a serious anomaly? To what extent have Her Majesty's Government discussed this with other governments in the Community to see whether the anomaly can be corrected?

Lord Glenarthur

My Lords, the noble Lord is quite right. That possibility has been apparent for many years, as the noble Lord is aware, and the present British nationality law reflects views expressed by Parliament during the passage of the British Nationality Act 1981 and, indeed, in earlier nationality and immigration Acts. We are seeking to create conditions in which people will want to stay in Hong Kong. They are, of course, free to leave and they are also at liberty to return as, indeed, many do. Concerning contacts with other governments, I can certainly say that there has been no recent contact with the Portuguese Government on this matter.

Lord Mellish

My Lords, is the Minister aware that some of us are scared to death at the thought of over 100,000 people, who have nothing whatever to do with Britain but who nevertheless have such passports, coming to live here? It frightens the life out of me.

Lord Glenarthur

My Lords, as I said, it is important to build where we can on the conditions which will make Hong Kong an attractive place in which people can live, work and plan their lives.

Lord Wyatt of Weeford

My Lords, is the noble Lord aware that the Chinese Government made no objection to the issuing of EC passports by the Portuguese? There is considerable evidence that they would raise no objection to this country doing the same for the Hong Kong Chinese. The greatest confidence that could be shown by the Peking Government is that people could go away if that Government did not honour the agreement after 1997. The noble Lord is standing confidence on its head. It is the Peking Government which must have confidence in the willingness of Hong Kong residents to stay, not the other way round.

Lord Glenarthur

My Lords, with respect, the noble Lord's argument is flawed because it is difficult to see how the Chinese would welcome a move which could be used as a sanction against violation by them of the Joint Declaration. The noble Lord's argument is muddled.

Lord Wyatt of Weeford

My Lords—

Noble Lords

Order!

Lord Derwent

My Lords, although I sympathise with the problems of my noble friend the Minister, is he aware that this single issue is now causing a great deal of resentment against Britain, even among those Chinese in Hong Kong who do not wish to come here or have a passport? In the interests of Britain, it is not wise to antagonise the smaller businessmen and executives with whom all British trade will have to take place after 1997.

Lord Glenarthur

My Lords, I believe that my noble friend is confusing the general issue that was discussed during the passage of the British Nationality Act with the matter of others who might, for one reason or another, want to come here. There are cases where those who wish to come to invest in this country can come under the rules that my noble friend knows.

Lord Wyatt of Weeford

My Lords, is the noble Lord aware that I have read—

Noble Lords

Order!

Lord Wyatt of Weeford

—the entire draft agreement and nothing—

The Lord Privy Seal (Lord Belstead)

My Lords, if the noble Lord will forgive me, I believe that the reason why noble Lords are calling "Order!" is that Question Time is supposed to be an opportunity to ask for information. Some of us get the impression that on this occasion he is giving rather than asking for information.

Lord MacLehose of Beoch

My Lords, if the Government cannot match what the Portuguese Government have done, will they consider reviewing the operation of Section 4(5) of the British Nationality Act, which applies to a comparatively restricted number of Hong Kong people?

Lord Glenarthur

My Lords, as the noble Lord knows, Section 4(5) of the British Nationality Act is a matter for the Home Secretary's discretion. It was made perfectly plain during the passage of that Act that the use to be made of that section would be very sparing.