22 March 1989]
Human Rights
THE FOREIGN AFFAIRS COMMITTEE
8. Inadequate protection of human rights, as the SAR legislature can enact laws to restrict human rights beyond the limits permissible under the two Covenants (Art. 38-39)
9. Drafting defects in some articles (eg prohib- ition against "unlawful" arrest or search of body/ premises accords no real protection) (Art. 27-28)
Political Structure
10. A break in Legco membership in 1997 is envisaged (Annex III)
11. Unclear what role officials will play in the SAR legislature
Others
12. Chinese Nationality requirement extended to cover some officials who are not Principal Officials (Art. 100)
13. The status of English language is unclear (Art. 9)
14. Not clear whether there will be an authentic Engish text of the Basic Law
13
[Continued
Restrictions on rights and freedoms must not contravene the Covenants as applied to Hong Kong (Art. 39)
"Arbitrary" arrest or search is also prohibited (Art. 28-29)
Members of the last HK Legco will become members of the first SAR legislature subject to certain conditions (draft NPC Resolution)
There will be no officials in Legco, but they may attend meetings to transact government business without the right to vote (Art. 62); President of Legco will be elected from amongst its members (Art. 70); government business to be given pri- ority (Art.71)
A reduced list covering Principal Officials only (Art. 100)
Express provision that English will also be an official language in the SAR (Art. 9)
Clear indication that there will be an authentic English text
Examination of witnesses
RT HON SIR GEOFFREY HOWE, QC, a Member of the House, Secretary of State for Foreign and Common- wealth Affairs, examined. MR Robin McLareN, CMG, Assistant Under Secretary of State responsible for Asia, and MR ALAN PAUL, Head of Hong Kong Department, Foreign and Commonwealth Office examined.
Chairman
1. We are delighted that you are able to be with us again at this meeting and have brought along your officials. Thank you also for the Memor- andum from the Foreign and Commonwealth Office which will provide the basis for the session we are about to embark on. I understand that this is being broadcast live in Hong Kong. This afternoon the Committee will be taking evidence from Sir David Wilson, the Governor of Hong Kong. In the middle of next month, from 17 April to 22 April, the Committee will visit Hong Kong and thereafter Beijing from 22 to 25 April. After its return the Committee will again take evidence from you, Sec- retary of State, as you have kindly agreed to come and see us again, and also from Sir David Wilson. Perhaps I should just place on record that this Committee hopes to agree its report before the end of July. Forgive my going ahead with all those preliminaries. I think it is important that they
should be recorded. Secretary of State, I wonder if I could begin with a rather general question and ask if you could in a few words, if it is possible, just share with the Committee your thoughts on the answer to this question. What is the Government seeking to achieve in its policy towards Hong Kong, given that sitting here in London we see the future of Hong Kong as being the centre of one of the most prosperous and dynamic regions of the entire planet and a vastly important and increasingly important area of global economic prosperity? Could you tell us how you see policy developing towards Hong Kong against that back- ground?
(Sir Geoffrey Howe) Chairman, thank you very much, first of all, for your welcome to my officials as well as myself, and for this opportunity of giving evidence before the Committee. As you will more than readily appreciate by now, the material that could be placed before you to be discussed is almost