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PART II
OUR VIEWS ON THE DEVELOPMENT OF HUMAN RIGHTS IN HONG KONG
The development of the political system in Hong Kong has received much attention, because it is.an.important means in ensuring the life and prosperity enjoyed in Hong Kong now. However, guaranteeing the freedoms and rights now enjoyed by Hong Kong is equally important. Thus, the two issues of human rights and legal system ought to receive similar attention as with the political system.
I.
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2.
Breach of the Joint Declaration and International covenant on Human Rights
We are deeply disappointed by and strongly objects the government's proposal of imposing time restrictions on the application for British Nationals (Overseas) Passports ("BNO Passports"). This proposal shows total disrespect for the Joint Declaration and the International Covenant on Human Rights.
We consider that the said policy is in breach of the following:
1.
ii.
The provisions of Paragraph 1 of the British Memorandum to the Joint Declaration, whether literally or spiritually, make it very clear that on or before 30th June, 1997, Hong Kong people who have British Dependant Territory status have an absolute/to be issued a BNO Passport. This right is absolute. Apart from verifying the British Dependant Territory status, no other criteria is set.
Every person who holds a valid British Dependant Territory passport does not have to go through any other screening procedure but automatically enjoys the right to a BNO Passport. Thus, this right cannot be taken away for any adminstrative or other reasons.
The aforesaid right has been confirmed in Hong Kong through the Hong Kong (British Nationality) Order 1986. Section 4 of the said Order unequivocally states that every British Dependant Territory citizen has the right to a BNO Passport.
iii. Further, the imposition of time restraints for the
application of BNO Passports and the loss of that right if application is not made within time clearly violates the International Covenant of Human Rights. Section 4 of the said Covenant gives the people of Hong Kong the freedom of movement. The Covenant has been applied to Hong Kong by Letters Patent No.2 1991. The Letters Patent provides that any subsequent legislation must not restrict the freedoms of Hong Kong people in any way which contravenes the Covenant. Thus, we consider that the present policy not only breaches human rights but also contravenes the said Letters Patent.
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