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ANALYSIS AND COMMENTS ON THE ICJ REPORT ON HONG KONG

1992

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The key points in the report on which HMG may be asked for a view are as follows; together with a suggested line to

take.

CHIEF EXECUTIVE OF THE SAR SHOULD BE DEMOCRATICALLY ELECTED

(CONCLUSION 1)

-

Article 45 of the Basic Law provides that the ultimate aim is to select the Chief Executive through universal suffrage.

HMG welcome this. The machinery for the selection of the first Chief Executive is not specified in the Basic Law, and is a points we intend to discuss with the Chinese

Government. But there is nothing inherently undemocratic in having a Chief Executive elected by an electoral college.

-

Hong Kong people denied the right to self-determination

(conclusions 4-7). We agree with the finding that there is

no reason to doubt Hong Kong people accept the Joint

Declaration. They, like HMG, accept that in the special circumstances of Hong Kong there is no alternative to the transfer of sovereignty to the People's Republic of China when the lease on 92% of the territory expires in 1997.

-

BDTCS should be given the right of abode in the UK

(conclusions 10-12). To give right of abode in the UK to

all Hong Kong British nationals would be an enormous new

immigration commitment on an unprecedented scale. It would

be irresponsible for us to make commitments or raise

expectations that no future British Government could possibly meet.

-

in

the Uk

Right of Abode for BDTC's of non-Chinese origin.

British Dependent Territories Citizens of non-Chinese origin are eligible to apply under the British Nationality Scheme. In addition the Government has made a commitment that if in

future such people were forced to leave Hong Kong and had

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