CONFIDENTIAL
(210)
T25137
MDHIAN 7941
CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO 2098
OF 06111OZ JULY 90
HILD24L
12 JUL 1998
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
TOP COPY Q DIST?
MY 2ND IPT: BILL OF RIGHTS: SUBMISSION TO EXCO:
DEFINITION OF CITIZEN
THE TEXT OF THE PARAGRAPH IN THE EXCO MEMORANDUM ON DEFINING
CITIZENS FOR THE PURPOSE OF ART. 21 IS AS FOLLOWS:
QUOTE
ART. 21 CART. 22 IN THE WHITE BILL) APPLIES TO 'EVERY CITIZEN' AND COULD BE INTERPRETED AS PROVIDING THE RIGHT TO PARTICIPATE IN
PUBLIC LIFE TO MAINLANDERS.
THIS RISK COULD BE REMOVED BY ADDING THE FOLLOWING DEFINITION OF THE TERM 'CITIZEN' IN CLAUSE 2:
QUOTE
CITIZEN MEANS A PERSON HAVING THE RIGHT OF ABODE IN HONG KONG. UNQUOTE.
HOWEVER, THIS DEFINITION IS LIKELY TO GIVE RISE TO QUESTIONS WHETHER THE LIMITATIONS IN THE BASIC LAW ON THE RIGHT OF PERMANENT RESIDENTS WITH A RIGHT OF ABODE IN A FOREIGN COUNTRY TO BECOME LEGCO MEMBERS/CHIEF JUDGES/PRINCIPLE OFFICIALS WOULD INFRINGE ART. 21 OR WOULD BE PERMISSIBLE AS REASONABLE RESTRICTIONS UNDER THE ARTICLE. WHILE WE FEEL THE CHINESE COULD BE REASSURED ON THIS POINT (SINCE THE BASIC LAW OVERRIDES LOCAL LEGISLATION), IT WOULD OBVIOUSLY BE UNWISE FOR US TO SAY PUBLICLY THAT SUCH RESTRICTIONS IN THE BASIC LAW ARE IN OUR VIEW REASONABLE. OUR PUBLIC LINE WOULD THEREFORE HAVE TO BE THAT THIS WOULD BE A MATTER FOR THE SAR COURTS, AND THIS WOULD GIVE RISE TO UNEASE IN THE LOCAL COMMUNITY. FURTHER, SUCH A DEFINITION WOULD BE INCONSISTENT WITH THE ICCPR AS APPLIED TO HONG KONG. DEFINING 'CITIZENS' AS THOSE HAVING THE RIGHT OF ABODE IN HONG KONG MAY RESULT IN GRANTING RIGHTS TO NON- CITIZENS, SINCE SOME NON-CITIZENS HAVE THE RIGHT OF ABODE IN HONG KONG. ON BALANCE, AND TAKING INTO ACCOUNT ART. 26 IN THE BASIC LAW WHICH GIVES THE RIGHT TO VOTE AND. TO STAND FOR ELECTIONS TO PERMANENT RESIDENTS OF THE SAR, WE ARE OF THE VIEW THAT SUCH A
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