I
HONG KONG LEGISLATIVE COUNCIL
10 November 1993
77
香港立法局
一九九三年十一月十日
77
there are people exiled by their political opponents because of different political convictions. While this may actually be better than getting locked up in prison, nonetheless, such act is a violation of basic human rights which should be condemned. I certainly hope that no one in Hong Kong would face any such threat in the years to come.
The right of Hong Kong people to leave and re-enter Hong Kong is guaranteed in the Basic Law. As mentioned before Article 31 states categorically that Hong Kong residents shall have freedom of movement within the Hong Kong Special Administrative Region and freedom of emigration to other countries and regions. They shall have freedom to travel and to enter or leave the Region. Unless restrained by law, holders of valid travel documents shall be free to leave the Region without special authorization. This right is also clearly stated in the Sino-British Joint Declaration. I, as a permanent resident of Hong Kong, expect the future SAR Government to uphold the Basic Law and that I will continue to have the right to obtain a valid travel document which is a document to exercise such right. The travel document, if lawfully obtained, cannot be revoked by the SAR Government because this would be tantamount to depriving the holder of the right of freedom of travel, a violation of the Basic Law.
Since the freedom of travel is already guaranteed by the Basic Law and the Sino-British Joint Declaration, I do not see the need to urge the British Government to secure an undertaking from the Chinese Government to affirm what they have jointly accepted and written into law. I accept that there are many technical details yet to be worked out. The details should not contradict the provisions of the Basic Law.
In view of the difficulties in the Sino-British negotiation on the 1994-95 electoral arrangements, and the lack of progress in the JLG meetings, I would think it unwise to put one more item, which is already signed and sealed, on the already crowded agenda in a charged atmosphere.
Nevertheless, since there are people in Hong Kong who feel they need the comfort of reaffirmation of the relevant clauses in the Basic Law, the Chinese and British Governments should consider this request favourably. I personally feel it unnecessary. If we do not accept the Basic Law in good faith, no amount of reaffirmation would erase the skepticism.
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