TNAG-2625-FCO40-3816-Visit-by-Douglas-Hurd--Secretary-of-State-for-Foreign-and-Co-1992 — Page 48

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(F) DR C H LEONG WILL ASK ABOUT "THE STATUS OF OMELCO'S

REPRESENTATIONS ABOUT CHILDREN BORN BEFORE 1/1/83 AND THE

QUESTION of DEFINITIONS OF "CHINESE NATIONALS" AND "FOREIGN

NATIONALS" UNDER THE BASIC LAW.

Know that the question of these children is a matter of concern for people in Hong Kong. We are engaged in discussions about it with new Home Office Ministers and hope

to reach a decision soon.

We are working to clarify with the Chinese Government issues (like their definition of Chinese nationality) which will affect right of abode after 1997. Hope we can resolve this

soon.

OTHER ISSUES OF INTEREST TO OMELCO

1. COURT OF FINAL APPEAL (CFA)

BETTER NO CFA THAN ONE WHICH IS UNSATISFACTORY?

- The early establishment of a CFA able to continue unchanged after 1997, would be a real achievement and would enable it to develop working practices and gain experience.

WILL HMG RENEGOTIATE THE AGREEMENT AS REQUESTED BY LEGCO?

- The Chinese have made clear they will not reopen

negotiations on the CFA. The choice is therefore between having a CFA established soon; or not until after 1997, causing uncertainty for Hong Kong's judicial system. Hope LegCo will consider this when legislation is put before it.

2.

INTERNATIONAL COMMISSION OF JURISTS' REPORT ON

HONG KONG/HUMAN RIGHTS

- The International Convenant on Social and Political Rights

is implemented in Hong Kong through the Bill of Rights. The Basic Law (Article 39) also provides that this Convenant will continue to apply in Hong Kong after 1997.

sos.omelco.PR

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