XN000022-1993-11-10 — Page 3

WEDNESDAY, NOVEMBER 10, 1993

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MOTION DEBATE ON FREEDOM OF MOVEMENT

FOLLOWING IS THE SPEECH MADE BY THE SECRETARY FOR SECURITY, MR ALISTAIR ASPREY, IN THE MOTION DEBATE ON FREEDOM OF TRAVEL HELD IN THE LEGISLATIVE COUNCIL TONIGHT (WEDNESDAY):

MR PRESIDENT,

I RECOGNISE THE IMPORTANCE WHICH ALL HONG KONG PEOPLE ATTACH TO FREEDOM OF MOVEMENT. BOTH THE HONG KONG AND THE BRITISH GOVERNMENTS HAVE LONG REALISED THE IMPORTANCE OF THIS FREEDOM AND HAVE TAKEN STEPS, IN THE NEGOTIATIONS LEADING TO THE SIGNING OF THE JOINT DECLARATION, TO ENSURE THAT IT IS SECURED AFTER 1997. THE RESULT IS THAT WE NOW HAVE THE ASSURANCE SOUGHT IN THE FIRST PART OF THE MOTION IN BOTH THE JOINT DECLARATION AND THE BASIC LAW. THERE IS NO BETTER STARTING POINT FOR MATTERS OF SUCH FUNDAMENTAL IMPORTANCE TO HONG KONG THAN THE JOINT DECLARATION, WHICH IS A BINDING AGREEMENT SETTING OUT THE GUARANTEES FOR THE FUTURE OF HONG KONG, AND RATIFIED BY BOTH THE BRITISH AND CHINESE GOVERNMENTS.

ANNEX I ΤΟ THE JOINT DECLARATION STATES THAT THE EXISTING RIGHTS AND FREEDOMS, INCLUDING THE FREEDOMS OF TRAVEL AND OF MOVEMENT, WILL BE MAINTAINED AND PROTECTED BY LAW. THIS MEANS THE DOMESTIC LAW OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, THE ANNEX ALSO SETS OUT THE CATEGORIES OF PERSONS WHO WILL HAVE RIGHT OF ABODE IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION AND WHO WILL BE QUALIFIED TO OBTAIN PERMANENT IDENTITY CARDS. THIS RIGHT OF ABODE BY DEFINITION INCLUDES THE RIGHT TO ENTER THE HKSAR WITHOUT RESTRICTION AND FREEDOM FROM DEPORTATION OR EXPULSION.

ON THE SUBJECT OF TRAVEL DOCUMENTS, THE ANNEX PROVIDES FOR THE ISSUE OF PASSPORTS BY THE GOVERNMENT OF THE HKSAR TO ALL CHINESE NATIONALS WHO HOLD PERMANENT IDENTITY CARDS, AND TRAVEL DOCUMENTS OF THE HKSAR TO ALL OTHER LAWFUL RESIDENTS. THESE PASSPORTS AND DOCUMENTS WILL BE VALID FOR TRAVEL TO ALL STATES AND REGIONS AND TO RECALL THE HOLDER'S RIGHT TO RETURN TO THE HKSAR. HOLDERS OF PERMANENT IDENTITY CARDS OF THE HKSAR MAY ALSO HAVE THIS FACT STATED IN THEIR TRAVEL DOCUMENTS AS EVIDENCE THAT THE HOLDERS HAVE THE RIGHT OF ABODE IN THE HKSAR. ΤΟ ENSURE EASE OF TRAVEL FOR THE PEOPLE OF HONG KONG, THE ANNEX ALSO STATES THAT THE CENTRAL PEOPLE'S GOVERNMENT SHALL ASSIST OR AUTHORISE THE HKSAR TO CONCLUDE VISA ABOLITION AGREEMENTS.

I SHALL TAKE THE OPPORTUNITY TO DESCRIBE, AS FAR AS I AM ABLE WITHIN THE RULES OF CONFIDENTIALITY OF THE JOINT LIAISON GROUP [JLG}, WHAT WE HAVE BEEN DOING TO GIVE PRACTICAL EFFECT TO THESE ASSURANCES.

FIRST, RIGHT OF ABODE. THE CONCEPT OF RIGHT OF ABODE IS CENTRAL TO THE GUARANTEE OF FREEDOM OF MOVEMENT, IN PARTICULAR THE FREEDOM TO RE-ENTER HONG KONG WITHOUT LIMITATIONS OR CONDITIONS AND FREEDOM FROM DEPORTATION AND EXPULSION. THE BASIC LAW HAS ALREADY SET OUT THE CATEGORIES OF PEOPLE WHO WILL HAVE RIGHT OF ABODE IN THE HKSAR. WE HAVE FORMULATED PROPOSALS ON HOW OUR LOCAL IMMIGRATION LEGISLATION SHOULD BE AMENDED TO GIVE EFFECT TO THESE PROVISIONS OF THE BASIC LAW. OUR PROPOSALS ARE CURRENTLY BEING STUDIED BY THE CHINESE SIDE IN THE JLG.

/SECONDLY, WE