TNAG-2236-FCO40-3215-Hong-Kong-and-China-subversion-and-student-demonstrations-1991 — Page 89

The well-known general policy of the Hong Kong

Government is not to allow Hong Kong to be used by outsiders

for their own political purposes; their refusal to allow these students to enter Hong Kong is consistent with that

policy. This in no way affects the rights of Hong Kong residents to freedom of speech and freedom of assembly

within the law.

I do not accept that the Hong Kong Government's

actions contravened Articles 5 and 10 of the Hong Kong Bill

of Rights. The refusal of entry to and detention of the

students was not arbitrary and was in accordance with the

Hong Kong Immigration Ordinance. Neither the International

Covenant on Civil and Political Rights nor the Bill of

Rights guarantees a right of entry into Hong Kong to people who have no connection with the territory. However, if any of the students considered that their legal rights were

infringed it was open to them to seek redress in the Hong

Kong court.

I can assure Mr Yuen that both the British and

Hong Kong Governments are committed to defending the rights

laid down in the Bill of Rights. Enactment of the Bill of

Rights has further strengthened the implementation of the

International Covenant on Civil and Political rights as

applied to Hong Kong. Both the Joint Declaration and the Basic Law provide for the Covenant to remain in force after

1997.

BOYAAR/2

Lord Caithness

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