TNAG-2487-FCO40-3618-Future-relations-between-Hong-Kong-and-China-1992 — Page 209

116

CHAPTER XV

CONCLUSIONS AND RECOMMENDATIONS

117

(10) Immediate British citizenship and a right of abode in of non- the UK should be granted to Hong Kong BDTCS Chinese descent with no right of abode outside Hong 18 who would have Kong, and to Hong Kong BDTCS under

the 1st after

been British January 1983.

citizens

if

born

on

or

(1) The Joint Declaration, though

creditable in other respects, is seriously defective in failing to ensure that the Chief Executive will be democratically elected by and democratically accountable to the people of Hong Kong.

(2) The decision of the National People's Congress on the establishment of the SAR should be clarified urgently by the publication of the map to which it refers, to eliminate the possibility that some or all of the New Territories may be excluded from the SAR.

(3) There are serious doubts as to the validity of the "one country two systems" principle under the Constitution of the PRC as it now exists; these doubts can only be removed by amendment of the PRC Constitution.

(4) The people of Hong Kong are entitled to the right of

self-determination under international law.

(5) The British Government should have obtained the authority of а referendum of the people of Hong Kong both before entering into the negotiations which led up to the Joint Declaration, and before signing the Joint Declaration.

(6) The people of Hong Kong have not been allowed to

exercise the right to self-determination.

(7) In present circumstances a meaningful exercise of the

right of self-determination is impracticable.

(8) The only way in which the United Kingdom can now compensate BDTCs in Hong Kong for the loss of the right to self-determination is by the provision of rights of residence in the UK itself or acceptable third countries.

(9) Whatever the practical problems may be the United Kingdom has an obligation in principle to provide rights of abode in the UK, or in acceptable to them, for all Hong Kong BDTCs.

third countries

(11) For other Hong Kong BDTCs, the UK should grant a right of abode but would be entitled to impose a reasonable Those who became BDTCs by quota system for admission. naturalisation after the date of signature of the Joint

would have a 1984) Declaration (19th December priority.

(12) Hong Kong

BDTCS

(except

lower

immediate

those given citizenship) should be required to exercise their right а date to take up an abode outside Hong Kong before about

after

any six years

the transfer, subject to further delay imposed by the quota system.

(13) The Legislative Council to be elected in 1995 should be

elected solely from geographical constituencies.

not provide (14) Functional constituencies, since they do

for universal and equal suffrage, involve a breach of not- Article 21 of the

Bill of Rights, Hong Kong withstanding the exception in section 13 of the Bill of Rights Ordinance. Since no challenge was made before their election, the present members should however be allowed to remain in office until 1995.

be

(15) The term of office of the 18 appointed members should

be brought to an end in 1993, when they should

18 geographical replaced by further elections in the constituencies.

fully

(16) The "through train" will be of little benefit to Hong

to hold refusal not justify Kong and democratic elections in 1995.

(17) The

does

of

the

a

to the

Basic Law relating provisions appointment of the Chief Executive should be replaced by provisions ensuring the direct popular election of the Chief Executive, or an alternative system ensuring that the Chief Executive or Government is selected by a democratic process.

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