TNAG-1856-FCO40-2631-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 82

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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HONG KONG LEGISLATIVE COUNCIL 5 July 1989

香港立法局

一九八九年七月五日

66

words, full British citizenship. What we are asking is merely a restoration of a right which lawfully belonged to us but which Britain, by successive Acts of Parliament, wrongfully eroded. The FAC appears to find comfort in saying that the 1981 Act removed no pre-existing rights of entry or settlement in the United Kingdom. It refused to acknowledge that we ever had any right. But the fact remains that prior to 1962, Hong Kong British subjects did have the absolute right to live and work in Britain and become British citizens. Our rights were only taken away by the Commonwealth Immigrants Act 1962. Further legislations in subsequent years rendered watertight the door which was already closed. The whole process of erosion of our nationality rights was conducted in total disregard of the interests of Hong Kong people by a United Kingdom Parliament in which Hong Kong has no representation, no influence, no vote and no say. The 1981 Act further relegated the position of Hong Kong British subjects to that of second class citizens. Is it not monstrously unjust to treat Hong Kong people this way when they have served Britain well? In a political emergency such as the present, is it too much to ask for restoration of a constitutional right which ought to belong to those born on British soil not to mention those who have forsaken their own nationality to swear allegiance to Her Majesty the Queen?

In 1986, Lord MacLehose said in the House of Lords:

"It is difficult for us here to realize the feelings of someone who was born a British national with right of abode in the United Kingdom who through no fault of his own finds that that right has gone from him, in spite of the fact that all this time he has been called British and has been administered from Britain."

It is difficult for the British politicians to understand us from across the miles and that is why they have come to us. But if they come out here to us with their minds closed, the difficulty can never be overcome. It is apparent from the FAC report that our carefully prepared and soundly based submissions on the nationality issue have all been cavalierly dismissed. Instead what we have is a mere accentuation of the all too well known die-hard British Government line. I had hoped that at least there might be some sense of justice or honour and some respect for our basic constitutional rights from these gentlemen, but to my utter disappointment, none was forthcoming.

The FAC has repeatedly emphasized in its report that Britain has a special obligation to Hong Kong because Hong Kong people are not able to exercise the fundamental right of self-determination. Having acknowledged Hong Kong's sad predicament, the FAC goes no further to expound on this special obligation other than to say that it has been met by the Joint Declaration. The Joint

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