TNAG-2033-FCO40-2896-Visit-by-Douglas-Hurd--Secretary-of-State-for-Foreign-and-Co-1990 — Page 193

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

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Hong Kong

17 JANUARY 1990

2003. The Foreign Secretary in Hong Kong gave an elliptical off-the-record interview in which he said that there would be 20 by next year, but he did not look further than that. Today he has given the House no information whatsoever, and that is simply not good enough.

The right hon. Gentleman said today that we are the responsible power. He said in Hong Kong that it is a decision for us and for the Government of Hong Kong to make. What does that mean? Will the Government have a phased programme of democracy in Hong Kong-not just elections next year but an increased number before the handover? He must at least tell the House clearly today.

Secondly, what has happened to the Bill of Rights? The right hon. Gentleman's predecessor, the present Leader of the House, who is sitting beside him, said on July 13:

"The proposed Bill of Rights will ensure that there is one fundamental legal text which sets out all the rights and freedoms that the people of Hong Kong currently enjoy." -[Official Report, 13 July 1989; Vol. 156, c. 1169.] He promised that it would form part of the existing law and continue after the transfer of sovereignty in 1997.

As we know, the draft Bill of Rights has been thrown out by the Executive Council in Hong Kong as inaccurate, and reports from Hong Kong during the right hon. Gentleman's visit stated that the Government were now playing down the Bill of Rights. Today he has said not a single word about the Bill of Rights. Will he make it clear to the House? Is the Bill of Rights now expendable, or are the Government proceeding with it? We must know.

Thirdly, what international discussions are taking place on the boat people and when will they be resumed? Have the Government of Vietnam indicated whether they are ready to receive more boat people if they are sent forcibly? What action are the Government taking to provide incentives for voluntary repatriation? What action are the Government taking to provide direct economic aid for Vietnam, which is the most sensible way of giving the Vietnamese confidence to remain in their own country as it is assisted to escape from its abject poverty?

The right hon. Gentleman said in Hong Kong that he had not yet had time to read the Amnesty International report about the treatment of the boat people. He will know that that report alleges partial strangulation, kicks and beatings of boat people by Hong Kong police and that a boat person died as a result of indiscriminate kicking and the use of batons. Those are grave charges by an organisation of international repute.

Will the right hon. Gentleman set up an independent inquiry into those allegations, and will he re-examine the screening procedures which Amesty International says contain critical shortcomings?

Finally, has the right hon. Gentleman seen the statement today by Mr. Lu Ping, the deputy secretary general of the Basic Law drafting committee, which he made in Guangzhou in which he is reported as saying that under the Basic Law top officials in Hong Kong's post-1997 Government will not have the right to live abroad and in which he further says that Hong Kong residents with British passports will not be allowed to seek British consular protection while in the territory after it returns to Chinese rule. Is that not a torpedo right through the Government's ill-conceived plans to award United Kingdom passports to 50,000 so-called key people? Does not the statement made on behalf of the Chinese Government mean that if the British Government's plan is enacted everyone awarded a passport will inevitably seek

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to come to Britain before 1997, thus making nonesense of their claim that the purpose of their plan is to anchor those people to Hong Kong?

Everyone in Britain has welcomed the magnificent moves to democracy in eastern Europe. Are the people of Hong Kong to be denied that clear progress to democracy that has been won by the Poles, Czech and Romanians? That would be a sorry epitaph to British rule in Hong Kong, and we look to the right hon. Gentleman to reassure the House and the people of Hong Kong.

Mr. Hurd: The right hon. Member for Manchester, Gorton (Mr. Kaufman) asked four substantial questions. First, he asked about the progress to democracy. It is certain that that will start with elections to the Legislative Council next year, and from a substantially higher base than that proposed in the White Paper in February 1988. Hong Kong will start next year on that substantial road. I gave no figures in Hong Kong, and I have given no figures to the House, because we are still seeking what is clearly the best solution, which is that that start next year, and then in the elections in 1995, should continue after 1997, and for it to be incorported in the Chinese provisions. If someone is contemplating standing for election to the Legislative Council, it clearly is desirable and makes sense to have that upward curve, if possible, to ensure that the process which will certainly start next year will assuredly be continued after 1997.

We have been discussing that in Hong Kong and with the Chinese Government, but those discussions have not yet finished. I said in Hong Kong, and in the House today, that as soon as they have finished-they must end before long I will let the House know. It would be a great mistake to take a decision that made impossible the longer-term progress to democracy, if such progress is attainable. If it is not, as I said in Hong Kong, we and the Hong Kong Government will have to take decisions and announce them for 1991 and for 1995.

Secondly, the right hon. Gentleman asked about the Bill of Rights. That idea was first put forward by my right hon. and learned Friend the Lord President of the Council. It has been taken up in Hong Kong, and its institutions are considering its text. The drafting of the Bill of Rights is a matter for the Hong Kong Government. The Chinese have not made any representations to us, but if they want to comment on the draft bill once it is published they will be entitled to do so. That matter is progressing through the institutions of Hong Kong.

With regard to what will happen after 1997, the two United Nations covenants on human rights will, as the joint declaration makes clear, continue to apply to Hong Kong after 1997. There is no dispute about that, and that provision is fully reflected in the current draft of the Basic Law.

Thirdly, the right hon. Gentleman asked about the boat people. He asked for specific information about the next meeting of the steering committee in Geneva. I have been told today that it will be held on 23 and 24 January, about a week later than was originally supposed. I hope that the international community will agree at that meeting to accept in practice what is already accepted in principle -that the right place for Vietnamese who are not refugees is Vietnam. As the right hon. Gentleman said, while it is absolutely right to encourage voluntary return-as the right hon. Gentleman knows, we and the United Nations

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