28 June 1989
一九八九年六月二十八日
52
HONG KONG LEGISLATIVE COUNCIL
香港立法局
MR. ARCULLI: Sir, this motion under debate is to mark the 10th Anniversary of the International Year of the Child. Despite the efforts and resources put in by both the Government and the community as a whole on protecting the rights and improving the well-being of children in Hong Kong in the past 10 years there is still room for improvement. This endeavor is a continuous one and should be reviewed so that we can see what has been achieved, assess our future tasks and challenges and thus ensure that our resources are deployed effectively in the light of new needs and challenges.
It is therefore not enough that we care for the physical, educational and moral needs of our children for as they are brought up with the freedom and values we enjoy surely it behoves us to ensure that they too will enjoy such freedom and values. Although the purpose of this debate is not to deal with the challenges of 1997 and beyond yet one cannot ignore the fact that recent events in China have brought added concern over the issue of nationality. The parents of Hong Kong have a deep concern for the future of their children and the depth of their concern is reflected in some instances by their seeking a new nationality for themselves and their children. It is particularly relevant in the context of today's debate because a working group set up by the United Nations to commemorate the International Year of the Child has beautifully and simply described nationality to a child as a "right from birth" and serves as a powerful reminder to all of us as to the rights of a child and in this context particularly those who might otherwise be stateless. Sir, may I quote from the draft convention by the aforesaid working group to be submitted to the General Assembly at the end of this year, article 7 on "the right to name and nationality":
"1. The Child shall be registered immediately after birth and shall have the right from birth to a name, the right to acquire a nationality, and, as far as possible, the right to know and be cared for by his or her parents.
2. States Parties shall ensure the implementation of these rights in accordance with their national law and their obligations under the relevant international instruments in this field, in particular where the child would otherwise be stateless."
Sir, the issue of nationality for Hong Kong British subjects is rightly stated as a direct moral and constitutional responsibility of Britain. Hong Kong is not a borrowed place and even if part of the territory was leased there can be no doubt that people born under the British jurisdiction are British subjects proper; this includes an overwhelming majority of our youth below the age of 18 as
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