TNAG-1850-FCO40-2625-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1989 — Page 162

ALAAAT

H NATIONALITY

HMG HAVE MORAL OBLIGATION TO GIVE$ HONG KONG PEOPLE RIGHT OF ABODE

IN UK?

Simply not practicable to do so. Would run counter to wel1

established immigration and nationality policy. Would be unacceptable to Parliament and to public opinion.

We can best discharge responsibilities to Hong Kong by upholding

Joint Declaration and doing all we can to ensure that Hong Kong

remains prosperous and successful.

DOES BRITAIN HAVE OBLIGATIONS UNDER HUMAN RIGHTS COVENANTS TO GIVE

CITIZENSHIP TO HONG KONG BDTCs?

Believe arrangements made for all Hong Kong people fully meet

obligations under relevant Conventions on reducing statelessness.

As for Article 12(1) of International Covenant on Civil and

Political Rights ("Everyone lawfully within the territory of a State

shall, within that territory, have the right to liberty of movement

and freedom to choose his residence"), UK reserved the right to

interpret these provisions as applying separately to each of the territories comprising the UK and its dependencies.

WOULD GRANTING OF RIGHT OF ABODE IN UK TO HONG KONG BDTCs CONTRAVENE

JOINT DECLARATION?

Statement in UK memorandum about new status for Hong Kong people

not conferring right of abode is associated with Joint Declaration,

not integral part of it.

But since texts of the two memoranda were negotiated with Chinese authorities, would certainly need to discuss with them any significant change to policy.