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WEDNESDAY, FEBRUARY 2, 1994
SPEECH BY SECRETARY FOR SECURITY IN MOTION DEBATE
ON FREEDOM OF TRAVEL IN LEGCO
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MR PRESIDENT,
IT IS CLEAR FROM THE SPEECHES THIS EVENING THAT THIS IS A SUBJECT ON WHICH THERE IS A LARGE MEASURE OF AGREEMENT AMONG MEMBERS. THE ADMINISTRATION SHARES THE VIEW THAT FOR HONG KONG PEOPLE, FREEDOM OF TRAVEL IS BOTH A NORM AND A NECESSITY. THEREFORE, WE SUPPORT THE MOTION THAT EVERY EFFORT SHOULD BE MADE TO ENSURE THAT HOLDERS OF HONG KONG TRAVEL DOCUMENTS CONTINUE TO ENJOY A HIGH DEGREE OF FREEDOM OF TRAVEL. FREEDOM OF TRAVEL AS I POINTED OUT IN A PREVIOUS DEBATE IN THIS COUNCIL IS A RIGHT GUARANTEED IN THE JOINT DECLARATION AND IN THE BASIC LAW. BUT IN ORDER TO GIVE PRACTICAL EFFECT TO FREEDOM OF TRAVEL AND TO ENSURE EASE OF TRAVEL, PARTICULARLY OVER THE 1997 TRANSITION, IT IS NECESSARY ALSO, FIRST TO ESTABLISH CLEARLY IN HONG KONG LEGISLATION WHO WOULD HAVE RIGHT OF ABODE HERE AFTER 30 JUNE 1997. AS A NUMBER OF MEMBERS HAVE POINTED OUT THE EASE OF TRAVEL ACCORDED TO HONG KONG RESIDENTS BY OTHER COUNTRIES DEPENDS CRUCIALLY ON ASSURANCES THAT THEY HAVE THE RIGHT OF RETURN TO HONG KONG. RETURNABILITY IN TURN DEPENDS UPON RIGHT OF ABODE. SECONDLY, TO ENSURE THAT THERE IS NO HIATUS IN ARRANGEMENTS FOR THE ISSUE OF HONG KONG TRAVEL DOCUMENTS WHICH ARE RECOGNISED AND ACCEPTED INTERNATIONALLY. AND THIRDLY, TO OBTAIN AS FAR AS POSSIBLE VISA-FREE ACCESS TO OTHER COUNTRIES FOR HOLDERS OF HONG KONG TRAVEL DOCUMENTS. MEMBERS HAVE RIGHTLY EMPHASISED THE IMPORTANCE OF ALL THREE ISSUES AND I SHALL DEAL WITH EACH IN TURN,
FIRST, RIGHT OF ABODE. THIS IS A COMPLEX AND TECHNICAL SUBJECT, NOT LEAST BECAUSE OF THE DIFFERENCES IN THIS RESPECT BETWEEN THE PRESENT IMMIGRATION ORDINANCE AND THE FUTURE BASIC LAW. I DO NOT INTEND TO TRY TO EXPLAIN THE DETAILS OF THIS SUBJECT TODAY. BUT I SHOULD LIKE ΤΟ REITERATE THAT IT HAS ALWAYS BEEN
AND REMAINS OUR INTENTION ΤΟ AMEND THE IMMIGRATION ORDINANCE TO GIVE EFFECT FROM 1 JULY 1997 TO ARTICLE 24 OF THE BASIC LAW CONCERNING THE RIGHT OF ABODE IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION. TO THIS END, WE HAVE PUT COMPREHENSIVE PROPOSALS TO THE CHINESE THROUGH THE JOINT LIAISON GROUP. THIS IS AN ESSENTIAL STEP BECAUSE APART FROM EVERYTHING ELSE, RIGHT OF ABODE FROM 1 JULY 1997 CAN BE DETERMINED ONLY BY REFERENCE TO A PERSON'S NATIONALITY, AND ONLY THE CHINESE GOVERNMENT CAN CLARIFY CHINESE NATIONALITY LAW. THE AIMS OF THE PROPOSALS WE HAVE PUT FORWARD ARE FIRST, TO ENABLE AS FAR AS POSSIBLE PERSONS WHO NOW HAVE RIGHT OF ABODE IN HONG KONG TO CONTINUE TO ENJOY THAT RIGHT AFTER 30 JUNE 1997. SECONDLY, TO ENABLE THOSE WHO WILL LOSE THEIR RIGHT OF ABODE IN HONG KONG ON 1 JULY 1997 TO REGAIN IT IN AS SIMPLY A WAY AS POSSIBLE. I BELIEVE THAT THERE ARE BOUND TO BE SOME IN THIS CATEGORY, ALTHOUGH I WOULD CAUTION AGAINST ESTIMATES OF THEIR NUMBERS. WE SIMPLY ARE NOT ABLE AT PRESENT TO QUANTIFY THOSE AFFECTED WITH ANY ACCURACY. THIRDLY, ΤΟ ENABLE FOREIGN NATIONALS WHO HAVE LONG BEEN SETTLED IN HONG KONG TO ACQUIRE THE RIGHT OF ABODE HERE IF THEY SO WISH THROUGH A SIMPLE AND STRAIGHTFORWARD PROCEDURE. WE HAVE ALREADY HELD INFORMAL TALKS WITH THE CHINESE ON THESE SUBJECTS AND FURTHER TALKS WOULD BE HELD IN HONG KONG LATER THIS MONTH. I LOOK FORWARD TO PROGRESS BEING MADE ON THIS VERY IMPORTANT SUBJECT.
/SECOND, TRAVEL