16 August 1991
HKB 061/1
Foreign & Commonwealth
Office
63
Dr Christopher Leung
д
London SWIA 2AH
Telephone: 071-
Co-Chairman, Association of Overseas Hong Kong Chinese for Democracy and Human Rights
PO Box 259
MIT Branch
Cambridge MA USA 02139
Dear Or Leung,
Thank you for your letter of 24 July to the
Prime Minister. I have been asked to reply.
You raise the issue of students being refused entry to Hong Kong to attend a conference of the Chinese Student Federations which was to be held in Hong Kong from 16-19 July. It is up to the Hong Kong Government to decide who to allow to enter Hong Kong and I regret that as a matter of general policy I am unable to comment on the details of individual Immigration cases.
In Hong Kong, as in many other countries, the possession of a visa does not guarantee that a visitor will be admitted. Under Section II (i) of the Immigration Ordinance, an Immigration Officer may refuse a visitor leave to enter Hong Kong, even if he holds a visa.
The well-known general policy of the Hong Kong Government is not to allow Hong Kong to be used by outsiders for their own political purposes; their refusal to allow these students to enter Hong Kong is consistent with that policy. This in no way affects the rights of Hong Kong residents to freedom of speech and freedom of assembly within the law.
I do not accept that the Hong Kong Government's actions contravened the Hong Kong Bill of Rights. The refusal of entry to and detention of the students was not arbitrary and was in accordance with the Hong Kong Immigration Ordinance. Neither the International Covenant on Civil and Political Rights nor the Bill of Rights guarantee a right of entry into Hong Kong to people who have no connection with the territory. However, if any of the students considered that their legal rights were infringed it was open to them to seek redress in the Hong Kong courts.
BOYAAS