WA 17
Written Answers
Written Answers
HKB 011/6
RECE
ERTEISTRY
Mr. OSMAN BHAYAT
[14 DECEMBER 1992]
Lord Clinton-Davis asked HOME GIS Majesty's Government: INDEX
PA
Aution Taken
What information they have about the recent deportation of Mr Osman Bhayak and his family from Mauritius, and whether they have made representations on the subject to the government of Mauritius.
The Minister of State, Foreign and Commonwealth Office (Baroness Chalker of Wallasey): We understand that Mr. Osman Bhayat ceased to be a citizen of Mauritius on 6th October 1981 by failing to renounce his British citizenship. He returned to Mauritius in May 1991 and applied for a residence permit. This was refused and two appeals for reconsideration were also rejected. Mr. Bhayat and family were deported by Mauritian authorities on 5th November 1992. No representations have been made, as the administration of the immigration laws of Mauritius is entirely a matter for that country.
IRAN: BAHA'I COMMUNITY
Clinton-Davis asked Her Majesty's
Lord Government:
What attitude they will take to the resolution tabled on 6th October at the United Nations General Assembly on the question of continuing human rights abuses and religious persecution on the part of the Iranian authorities against the Baha'i community in Iran.
Baroness Chalker of Wallasey: Together with our EC partners we co-sponsored the resolution adopted on 4th December by the Third Committee of the United Nations General Assembly about the human rights situation in Iran. This resolution expressed the deep concern of the United Nations General Assembly at the continuing reports of violations of human rights, including the treatment of the Baha'i community. It was passed with a large majority.
HONG KONG: GOVERNOR'S PROPOSALS
Baroness Thatcher asked Her Government:
Majesty's
Whether they will confirm that the recent proposals of the Governor of Hong Kong do not contravene either the Basic Law or the Joint Declaration.
Baroness Chalker of Wallasey: The Government are quite certain that the Governor's proposals do not contravene either the Sino-British Declaration of 1984 or the Basic Law. Constant repetition in some quarters that they do contravene them, does not alter the facts.
A steady increase in democracy in Hong Kong was envisaged in the Joint Declaration. Paragraph 49 of
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Written Answers
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the Joint Declaration says "the legislature of the Hong Kong Special Administrative Region shall be constituted by elections”. Given that the Legislative council in 1984 (when the Joint Declaration was signed) was composed entirely of appointed members, this shows that the British and Chinese governments were agreed that the political system in Hong Kong should evolve from the all-appointed Legislative Council in 1984 to one that was "constituted by elections" by the time that the Special Administrative Region came into being in 1997. The Governor's proposals fit squarely into that process of evolution.
Nor do his proposals contravene the Basic Law. The Decision of the National People's Congress on the Formation of the First Government and the First Legislative Council of the Hong Kong Special Administrative Region, para 6, adopted on the same day as the Basic Law, with which it is linked, stipulates that the First Legislative Council of the Hong Kong Special Administrative Region in 1997 shall be composed of 60 members: 20 returned by geographi- cal constituencies through direct elections, 10 returned by an Election Committee, and 30 returned by functional constituencies. The Governor's proposals fully conform with these arrangements.
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By no reasonable standard could his proposals be considered "drastic". He has proposed extending the franchise of functional constituencies, while retaining their essential occupational characteristic. But functional constituency representatives would still be elected by economic category to represent people at their workplace. That is the essence of the functional constituency system. The Basic Law contains no definition of a functional constituency.
The other proposal which the Chinese have claimed has breached earlier agreements concerns the composition of the Election Committee. The facts are as follows. The Basic Law (Annex 1, para 2) lays down the composition for an Election Committee. But it also indicates (Annex 2), para 2) that this will not apply in the case of the first Legislative Council of the Hong Kong Special Administrative Region. The Basic Law does not therefore specify any composition for the Election Committee to return members in 1995 to what would then become the first Legislative Council of the Special Administrative Region. The exchanges we had with the Chinese on this subject in 1990 were inconclusive. The Governor therefore had to make proposals for the composition of this Election Committee. The proposals he has made are fully consistent with the five principles we proposed to the Chinese during the 1990 exchanges. They do not contravene the Basic Law, because the Basic Law is silent on this point. Moreover, it is clear that the Chinese themselves did not regard this issue as settled, since earlier this year they were discussing with visitors from Hong Kong various possible models for the Election Committee's composition.
On the more general point of the importance of our working in co-operation with China over Hong Kong, both the Government and Mr. Patten have said on many occasions that this is what they seek. On his