TNAG-2727-FCO40-3933-Hong-Kong-political-parties-Association-for-Democracy-and-Pe-1993 — Page 17

iv.

Proposals

We understand that the process of changing passports will give rise to some administrative problems. However, as an association which respects the Rule of Law, Supports human rights and vouches for the basic freedoms enjoyed in Hong Kong, we emphasize that any policy cannot sacrifice basic rights for the sake of administrative convenience. There have been numerous international precedents which have decided that a government cannot take away or restrict rights enjoyed by its people for administrative reasons. Otherwise, once a precedent is set, the Rule of Law will certainly be prejudiced.

In accordance with the provisions of the Joint Declaration, existing laws and the spirit of the International Covenant, we propose that the deadline for exchanging BNO Passports remains at 30th June 1997. Hong Kong citizens may apply for the BNO Pasports as late as 30th June 1997 and not lose their right. For administrative reasons, we consider the government is still entitled to implement a staged programme provided the purpose of any such programme is only for a "First Come First Serve" basis. If people apply within the prescribed time limit, they will receive priority treatment and receive their new passport on a definite date. Those who apply out of time will have to wait much longer. Any programme must not take away the right to a new passport. Thus, we co not accept the government's proposal of an appeal system. The right to a new passport is absolute. To ask people to come up with reasons to justify such right is unfair and impractical.

We consider that administrative convenience may be achieved through various legal means, but must be done under the guiding principle that no rights will be sacrified. The present proposal put forth by the government may not solely be due to administrative reasons. We believe a major factor is the question of who bears the huge expenses for processing the issue of 3,000,000 new passports. If as the government has suggested, the process must be completed by 30th June 1997, then the huge expenses will not be passed over to the British government. if issuance is necessary after 1st July 1997, then the British government will certainly have to shoulder part of the expenses. Such "administrative" excuse is of course unacceptable.

We will explain the above views and proposals to the Foreign Secretary and fight for the support of members of Parliament whom we will meet.

Lastly, we also believe the government should publicize the new passport in the media to minimize mis-understanding and increase confidence in it. It should also publicize the advantage of changing for new passports within the prescribed time and the possibility of not obtaining one until after 1st July 1997 if they do not do so.

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