THE FOREIGN AFFAIRS COMMITTEE
X
22 March 1989]
[Continued
56. The Hong Kong Government began issuing passports in the new BN(O) status from 1 July 1987. This was in order to continue the existing practice of issuing passports with a 10-year validity and to allow maximum time for third countries to get used to the new nationality status. The new BN(O) status will be acquired by former Hong Kong BDTCs only if they obtain a British passport in that status before 1 July 1997. The Government launched a major diplomatic campaign to secure worldwide acceptance of the new document as fully valid British passport. No country has said that it will not recognise the new BN(O) passport.
57. The position of the Chinese Government as stated in the Chinese Memorandum is that all Hong Kong Chinese compatriots are Chinese nationals. But the Memorandum also states that those Chinese nationals (previously called BDTCs) who hold British travel documents may continue to use them after 30 June 1997. Such persons will not of course be entitled to British consular protection in the Hong Kong SAR or in other parts of China.
58. Neither the BDTC passport nor the BN(O) passport confers upon the holder the right of abode in the United Kingdom (although he is entitled to enter this country without a visa for visitsjup to three months). Hong Kong people first became subject to UK immigration control under the Commonwealth Immigrants Act 1962. The Immigration Act of 1971, which defined "right of abode" for the first time, in essence granted that right to those British nationals with direct links with the UK. Most Hong Kong British nationals did not qualify for the right of abode in the UK. The British Nationality Act 1981, which created the status of BDTC, did not affect the existing position concerning immigration control and the right of abode. The fact that Hong Kong people are subject to UK immigration control and do not have right of abode here is thus not new.
59. Despite the importance which Hong Kong people attach to a clear recognition by the Government of the United Kingdom's responsibility for and special connection with Hong Kong, most Hong Kong people accept the reality of the situation. There have nevertheless been some calls for Hong Kong passport holders to be given right of abode in the United Kingdom, and comparisons have been made with treatment by Portugal of its nationals in Macao. It has been argued that such a move would serve as a sanction against any violation of the Joint Declaration after 1997; and that it would promote stability in Hong Kong because people would not feel it necessary to secure their future by emigrating. The Government do not however believe that it would be sensible, or acceptable to Parliament, to give over 3 million people the automatic right to enter this country, even if the majority had no intention of exercising this right. Any change in the status of Hong Kong BDTCs would of course require a change in the 1981 British Nationality Act, which was endorsed (as was earlier legislation on the subject) by Parliament. Such a move could be interpreted as a vote of no confidence in Hong Kong's future.
XIII: CONCLUSION
60. If no negotiations had been held, 92 per cent of Hong Kong would have reverted to China in 1997 without any safeguards. Instead, the Government concluded a detailed, binding Agreement which provides for the preservation of Hong Kong's economic, legal and social systems, and the way of life of its people for 50 years beyond 1997, and establishes the basis for a secure and prosperous future for the territory. A great deal of effort is now being put into the task of ensuring that the Agreement is implemented fully. It is a difficult and painstaking task. Much still remains to be done. But the Government are determined to play their full part in ensuring the success of this unique and historic enterprise.
44
Summary of main provisions of First Annex to the Joint Declaration
Section I: Constitutional Arrangements and Government Structure
ANNEX A
The key points in this section are that a Basic Law will be enacted by China, stipulating that the socialist system and socialist policies practised in the PRC shall not be extended to the Hong Kong Special Administrative Region (SAR) and that Hong Kong's capitalist system and lifestyle shall remain unchanged for 50 years. Except in relation to foreign affairs and defence, the Hong Kong SAR will enjoy a high degree of autonomy, including executive, legislative and independent judicial power. The Government and legislature of the Hong Kong SAR will be composed of local inhabitants. The Chief Executive will be selected by election or through consultations held locally and will be appointed by the Central People's Government. The legislature will be constituted by elections. The executive authorities will be required to act in accordance with the law and will be accountable to the legislature.
Section II: The legal system
This section describes how the Hong Kong SAR will have its own legal system and laws after 1997. The law of the SAR will include the laws previously in force in Hong Kong (ie in the common law, rules
Page 30Page 31