TNAG-1442-FCO40-1926-Constitutional-development-in-Hong-Kong-1986 — Page 232

CHAPTER 5 UMELCO Activities

The Unofficial Members of both the Executive and Legislative Councils (UMELCO) usually meet at least twice a month in the UMELCO Office to discuss topical issues, important public representations and matters concerning the administration of the UMELCO Office.

During the year under review, UMELCO Members continued to devote much attention to issues related to the future of Hong Kong.

UMELCO Delegation to London (January 1985)

In his opening speech during the debate on the Joint Declaration on the future of Hong Kong in the House of Commons on 5.12.84, Sir Geoffrey Howe said:-

"Following signature, we shall bring forward legislation early next year (1985) to provide for termination of sovereignty in 1997, and to provide powers to make other changes to the law, including the nationality law, which will be necessary in connection with the agreement and termination of sovereignty."

On 10.1.85, the Hong Kong Bill was introduced in the House of Commons. Since it was merely a piece of enabling legislation, it was originally considered unnecessary to send a UMELCO delegation to attend the debate on the Second Reading of the Bill. However, in response to an unexpected amendment tabled in objection to the proposed procedure whereby the law on citizenship could be altered by Orders-in-Council, Members decided at a special UMELCO Meeting on 16.1.85 that a small UMELCO delegation should be sent to London to brief MPs on the importance of giving an undertaking to the people of Hong Kong regarding the Orders-in-Council to be made under the Bill. The delegation, led by Sir S Y CHUNG, included two Members belonging to the legal

profession, Miss Maria TAM and Mr Peter C WONG.

In a statement made prior to his departure, Sir SY CHUNG stressed UMELCO's support for the Order-in- Council procedure which would enable the special status for the 2.6 million Hong Kong BDTCs after 1997 to be clearly established before the ratification of the Joint Declaration. A copy of the statement is at Appendix XI.

The visit took place between 16.1.85 to 22.1.85. Apart from attending the debate on the Second Reading of the Hong Kong Bill in the House of Commons on 21.1.85, the delegation met with the British-Hong Kong Parliamentary Group and a number of MPs, including Mr lan Wrigglesworth, Sir Paul Bryan, Sir Peter Blaker, Mr Russell Johnston, Mr George Robertson, Sir lan Percival and Mr Richard Needham. In addition, meetings were held with the Secretary of State for Foreign and Commonwealth Affairs, Sir Geoffrey Howe, the Minister of State, Mr Richard Luce and officials at the Foreign and Commonwealth Office, including Dr D C Wilson and Mr A Galsworthy.

In order to amplify the arguments put forward by the delegation, a position paper was distributed to selected Ministers and MPs prior to the debate. The position paper asked for, inter alia, the rejection of the amendment proposed by Mr Enoch Powell MP; the postponement of both the Committee Stage and Third Reading until an appropriate nomenclature for the new British status was found and proved acceptable to Hong Kong people; an undertaking in the House of

Commons that an Order-in-Council would be made within one year of the passage of the Bill and that the Order would be put to Parliament in draft

form; an assurance to treat all aspects of nationality contained in the Hong

Kong Bill, including the minority issue, in one Order-in-Council; and an agreement to consult UMELCO on the changes in the new passport as well as about the date and arrangements for its introduction. A copy of position paper is at Appendix XII.

Speaking to reporters after attending the debate, Sir S Y CHUNG said:

"... the UMELCO Delegation was satisfied in that all the suggestions made in their position paper have been substantially met. The Delegation was delighted to see so many MPs not only speaking at the Debate but also reflecting the various points that the Delegation Members had made to them..."

Mr Powell's amendment was not selected by the Speaker of the House during the debate and hence was not entertained. The new title of British National (Overseas) was announced by Sir Geoffrey Howe with the undertaking that the Order-in-Council would be put to the House of Commons, in draft form, for debate within a year of the passage of the Bill.

Adjournment Debate in Legislative Council

In the Legislative Council, an adjournment debate was held on 6.2.85 on the proposed title of British National (Overseas). The debate is covered in Chapter 4.

UMELCO Panels

In 1984-85, 17 standing panels were formed to deal with different aspects of Government business and public administration. The panels met with Government officials regularly to discuss future plans and current problems in areas such as the civil service, transport, housing, education, medical and health, industrial relations, cultural affairs and the Government's Chinese language policy.

28