TNAG-1845-FCO40-2620-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 32

that

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THE FOREIGN AFFAIRS COMMITTEE

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22 March 1989]

[Continued

continued participation in international organisations, and provides for continuity of representation by foreign states and organisations currently represented in Hong Kong, subject to the approval of the Central People's Government.

Section XII: Defence, Security and Public Order

The key points in this section are that the maintenance of public order will be the SAR Government's responsibility; and the forces sent by the Central People's Government to be stationed in Hong Kong will not interfere in the SARS internal affairs.

Section XIII: Rights and Freedoms

This section makes clear that the same protection under the law against infringements of basic rights and freedoms existing before the establishment of the SAR will be maintained. In particular. the provisions of the International Covenants on Civil and Political Rights and on Economic, Social and Cultural Rights, as applied to Hong Kong, will continue to apply to the SAR.

Section XIV: Right of Abode, Travel Documents and Immigration

The purpose of this section is to provide for a high degree of continuity in these matters in ways consistent with the change in Hong Kong's status on 1 July 1997. It makes clear that the right to leave Hong Kong for any purpose, such as business, study or emigration, shall be maintained.

ANNEX B

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The Work of the JLG

Since the Joint Declaration entered into force in May 1985, the British and Chinese Governments have been working together through the Sino-British Joint Liaison Group (JLG) to put flesh on the bones of the Joint Declaration and pave the way for a smooth transition in 1997. Much work remains to be done in the years ahead (and beyond: the JLG will remain in existence until 2000). In the meantime, the work of the JLG has included the following:

(i) Agreement that Hong Kong should remain a member of the Asian Development Bank after

1997.

(ii) Agreement that Hong Kong should be deemed a separate contracting party to the General Agreement on Tariffs and Trade and should continue in that status after 1997 in the name of "Hong Kong, China". Hong Kong duly became the GATTS 91st contracting party on 23 April 1986.

(iii) Agreement on transitional measures relating to all travel and identity documents issued to Hong

Kong residents, to avoid any disruption in this important area on 1 July 1997.

(iv) Agreement on the establishment of a standing sub-group of experts to consider matters relevant to the continued application of international rights and obligations affecting Hong Kong. The sub-group has its principal base in Hong Kong and it held its first meeting there from 15 to 17 October 1986. Since then the sub-group has agreed on Hong Kong's future participation in 14 international organisations.

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(v) Agreement on the principles for the establishment of a separate Hong Kong Register of Shipping which can be maintained beyond 1997. Necessary work to put this into effect is now going on in Hong Kong.

(vi) Agreement on the principles for the conclusion of separate Air Service Agreements between Hong Kong and its aviation partners, which are capable of remaining in force after 1997. The first such Air Service Agreement was signed between the Government of Hong Kong and the Government of the Kingdom of the Netherlands in The Hague on 17 September 1986. Subsequently, agreements have been signed with Switzerland, Canada and Brunei. Negotiations with other partners continue.

(vii) Agreement on the introduction of a new pension scheme for civil servants in Hong Kong. (viii) Agreement that Hong Kong should become a separate member of the Customs Co-operation

Council (CCC) and should continue as such after 1997 in the name of "Hong Kong, China". Hong Kong was duly accepted as the 99th member of the CCC on 25 June 1987. As a result of the JLG's efforts Hong Kong has, and will retain after 1997, a separate standing in relation to the General Agreement on Tariffs and Trade, the Multi-Fibre Arrangements and the CCC. It is thus better placed to protect its own interests in world trade before and after 1997. (ix) Good progress in discussions on the important subject of the defence of Hong Kong and the maintenance of its public order. The two sides agreed in principle that the Police Force should undergo appropriate expansion to enable it to discharge its responsibility for maintenance of public order before and after 1997, and in particular anti-illegal immigration tasks on the border