UNCLASSIFIED
FM HONG KONG
TO IMMEDIATE FCO
TELNO 3716.
OF 08103OZ NOVEMBER 89
INFO IMMEDIATE PEKING
UNCLASSIFIED
157045
MDHIAN 3549
TOP COPY Q DIST ?
FINAL PART OF TWO
OFFICIALS' REPLIES TO THE DEBATE ON MY 1989 LEGCO ADDRESS
THERE HAVE BEEN REPORTS THAT THE ADMINISTRATION HAD DECIDED ON A FIVE-YEAR FREEZE PERIOD. THIS IS NOT TRUE, AND WHILST NO COMPLETION DATE HAS BEEN FIXED, THE ADMINISTRATION IS VERY CONSCIOUS OF THE NEED TO KEEP THE PERIOD TO THAT WHICH IS STRICTLY NECESSARY FOR THE PURPOSE OF THE EXERCISE.
WORK ON THE BILL ITSELF HAS MOVED AHEAD SPEEDILY. DRAFTING INSTRUCTIONS HAVE BEEN ISSUED, AND A DRAFT IS UNDER PREPARATION. THE INTENTION IS TO RENDER RIGHTS SET OUT IN THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS JUSTICIABLE IN OUR COURTS SO FAR AS PRACTICABLE SO THAT INDIVIDUALS WHO FEEL THAT THEIR RIGHTS HAVE BEEN VIOLATED WILL BE ABLE TO INITIATE ACTION THROUGH THE COURTS TO SEEK REDRESS. PARTICULAR CARE IS BEING TAKEN TO ENSURE THAT THE BILL OF RIGHTS HAS SUPERIOR LEGAL STATUS WITHIN
HONG KING LAN.
NATIONALITY
THIS LEADS ME TO THE SUBJECT OF BRITISH NATIONALITY. THE ADMINISTRATION'S POSITION ON THIS MATTER HAS NOT CHANGED. WE CONTINUE TO BELIEVE THAT RESTORING THE RIGHT OF ABODE IN THE UK FOR HONG KONG BRITISH NATIONALS WOULD PROVIDE A BROAD BASE
FOR REBUILDING LOCAL CONFIDENCE.
WE ARE NATURALLY DISAPPOINTED BY MINISTERIAL STATEMENTS THAT IT WOULD NOT BE POSSIBLE IN UK POLITICAL TERMS FOR HMG TO GRANT SUCH A RIGHT TO ALL BRITISH NATIONALS IN HONG KONG. BUT WE UNDER- STAND THAT THERE IS LIKELY BE A LIMITED SCHEME BASED ON CITIZENSHIP WHICH WILL NOT REQUIRE A BENEFICIARY TO LEAVE HONG KONG TO OBTAIN HIS RIGHT OF ABODE IN UK. WE CERTAINLY BELIEVE THAT SUCH A SCHEME IS BETTER THAN NO SCHEME AT ALL AND THE ADMINISTRATION HAS BEEN CONSIDERING HOW A GOOD MEASURE OF LOCAL CONFIDENCE COULD BE RESTORED WITHIN SUCH A PACKAGE. WE BELIEVE
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