TNAG-1858-FCO40-2633-Legislative-Council-of-Hong-Kong-memoranda-and-minutes-of-me-1989 — Page 17

HONG KONG LEGISLATIVE COUNCIL

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5 July 1989

2051

We must make it very clear that the legal and humanitarian obligation of the British Government to restore the right of abode to the people of Hong Kong and the faithful implementation of the Sino-British Joint Declaration together with the provision of absolute assurances are two separate issues which pertain to different kinds of obligation. It is imperative that both issues are crucial to the destiny of the whole community in Hong Kong, and the British Government should not shirk her responsibility on these issues.

Sir, as regards the Joint Declaration and its implementation, it has been stressed in the report that Britain must concentrate on the implementation of the provision of the Joint Declaration through the Basic Law which has been described as the "son" of the Joint Declaration and not a product of the People's Republic of China constitution. Thus, I must point out that this mother-and-son relationship between the Basic Law and the Joint Declaration has not been spelt out so far. In my opinion, it should be explicitly stipulated in the Basic Law that "the provisions of the Basic Law are based on the Sino-British Joint Declaration."

Sir, judging from the major proposals recommended in the FAC report regarding the Basic Law and the existing political reforms in Hong Kong, one can undoubtedly say that these recommendations have implied a lack of confidence by Britain towards the future of Hong Kong after 1997. By the same token, the substance of the FAC report has virtually explained the logic behind Hong Kong people's demand for the restoration of the right of abode in the United Kingdom. Meanwhile, as far as the major responsibility is concerned, we have to look forward to the endeavour of the British Government. It is hoped that the British Government will adopt prudent policies which are beneficial to Britain, China and the people of Hong Kong.

Sir, with these remarks, I support the motion.

MR. HUI (in Cantonese): Sir, the Foreign Affairs Committee of the United Kingdom House of Commons (FAC) has staged quite a show by conducting public hearings and consultations on a rather extensive scale on the implementation of the Sino-British Joint Declaration by the British Government. However, the FAC report published last week not only gives us the impression of much said but little done, but also fully demonstrates that the British Government and some of the Members of Parliament are irresponsible, egocentric and hypocritic.

Concrete examples can easily be found in the report but I only wish to make............. three points which are more representative.

The first point is concerned with the right of abode for Hong Kong British passport holders. The FAC does recognize that granting Hong Kong people the right of abode is a way to safeguard their confidence, and that the British Government should take the lead to negotiate with her European Economic Community partners and other immigrant receiving countries in jointly establishing a system of assurances.