CONFIDENTIAL
10 December 1986
4.
(c)
of a real right of return, backed up by a solemn undertaking incorporated in a binding international agreement. There is no question of this right being purely "notional" and you should seek to dispel any thoughts along these lines. From 1 July 1997 the right of abode will be enshrined in the Basic Law of the SAR, as Hong Kong belonger status is now in Hong Kong law. Section XIV of Annex I to the Joint Declaration guarantees that the holder of any travel document bearing the right of abode endorsement will be admitted to Hong Kong SAR after 30 June 1997. These arrangements were confirmed in a formal Exchange of Memoranda with the Chinese Government on 11 April 1986. I enclose a copy of the Joint Declaration and Annexes together with copies of the Memoranda exchanged on 11 April. We have no objection to copies of these documents being handed to the Luxembourgers if you think it would help.
On the question about the expenses for returning a BN (0) to Hong Kong, the position up to 30 June 1997 will remain exactly as it is at present for Hong Kong BDTCs. Requests for repatriation are dealt with by the Government of Hong Kong, through British missions. Repatriation costs should not therefore be of concern to Luxembourg. There are in fact very few cases worldwide of Hong Kong BDTCs seeking repatriation, because their strong inclination and tradition is to be self-reliant, or else to look for help from their family or members of their own community, rather than to expect aid from governments. Deportation cases would continue to be handled at the expense of the deporting government. For the period after 30 June 1997 we cannot at this stage give a definite answer about the cost of repatriation. Strictly for your own information, Consular Department are considering whether HMG should undertake to repatriate BN (0) s after that date, but no decision has yet been reached. It is impossible to say now what the attitudes of people in Hong Kong and of the Hong Kong SAR authorities will be at that time. But the point about the tradition of self-reliance mentioned above is still likely to be valid. Deportation arrange- ments will continue to be on the same basis as now.
You will have seen a copy of my letter of 20 November to Paul in The Hague about Hong Kong CI's which explained that they can be replaced on expiry provided the holder has not been granted permanent residence outside Hong Kong. I hope that this will enable you to reassure the Luxembourgers that Hong Kong CI holders should not cause them problems.
CC: A R Paul Esq, THE HAGUE
A L S Coltman Esq, BRUSSELS
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Your David he bett
D F B Le Breton
HKD
MVD
CONFIDENTIAL
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