TNAG-2891-FCO40-4164-Freedom-of-travel-in-the-Hong-Kong-Special-Administrative-Re-1993 — Page 8

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Charies

My news on

HKC telno 1836

Tian unlikely to have been speaking off the

kop of his head"

probably reflects some

comideration of the subject within MPS, perges triggered by Han Dongfang case. Not necessarily definite policy

See

по

possibility of a

decisions.

Britist approach to

the Chinese about this achieving anything

positive. As HKC recognise the Chinese

see future of ?? %/ 2-1-

will

question.

乡证

مه

an internal

НК резол

to enter

Wd not see any obligation under

JD or BC to allow

слу

it Im to car out subversion.

内地

Wd not

a small

see why restrictions on such entry of number of subuesives shd have any effect confidence in HK.

нк

on

Given the absence of any rule of law in

on the MPS China, frankly better for people black list to be denied an entry permit & thus to know where they stand, rather than to be free

& risk arrest & infrisonment ! to travel in

it

The sort of subject where of the Chinese can be influenced to take a more helpful approach it is for more likely to be by their friends the PWC, HIC Aduses et

HICG

in

than by HMG/HKG

A British approach ir, statement in

present awes

wd only fan Cheese suspicions / propaganda akant British efforts to Subvert their regime.

له

8/201

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ca

127115 MDHIAN 5590

3

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FM HONG KONG

TO IMMEDIATE FCO

TELNO 1836

OTRY

370/22

RICE!

L. DEC 1993

REGISTRY

on Taken

OF 031231Z DECEMBER 9LK

TOP COPY QDIST?

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

pa

rwon

370/22

FREEDOM OF TRAVEL: COMMENTS BY TIAN QIYU

SUMMARY

1. REMARKS BY CHINESE VICE MINISTER OF PUBLIC SECURITY SUGGESTING THAT CHINA WILL APPLY A POLITICAL CORRECTNESS TEST IN ISSUING PERMITS TO HONG KONG RESIDENTS AFTER 1997 TO ENTER THE REST OF CHINA. REINFORCES EXISTING COMMUNITY CONCERNS ABOUT FREEDOM OF TRAVEL. THE CHINESE WILL ARGUE THAT THIS IS AN INTERNAL MATTER. BUT WE SHOULD DO ALL WE CAN TO DISCOURAGE THEM FROM CONFIDENCE-ERODING DECISIONS OR STATEMENTS OF THIS KIND.

DETAIL

2. TODAY'S HONG KONG PRESS GIVES WIDE COVERAGE TO REMARKS APPARENTLY MADE TO JOURNALISTS IN PEKING ON 2 DECEMBER BY CHINESE VICE MINISTER OF PUBLIC SECURITY, TIAN QIYU. TIAN IS QUOTED AS SAYING THAT, AFTER 1997, CHINA WILL INTRODUCE A TRAVEL PASS SCHEME FOR VISITS BY SAR RESIDENTS TO THE REST OF CHINA, ANALOGOUS TO THE EXISTING SYSTEM OF HOME VISIT PERMITS. TIAN APPARENTLY ADDED THAT ALTHOUGH THE "GREAT MAJORITY OF HONG KONG PEOPLE" WOULD BE FREE TO ENTER AND LEAVE THE MAINLAND, "A HANDFUL OF PEOPLE WHO ENGAGE IN ACTIVITIES AGAINST THE CHINESE GOVERNMENT" MIGHT NOT BE PERMITTED ENTRY. AS EXAMPLES OF THE LATTER CATEGORY, TIAN CITED HAN DONGFANG (WHO IS NOT OF COURSE A HONG KONG RESIDENT) AND YAO YONGZHAN (THE HONG KONG DEMOCRACY ACTIVIST WHO WAS IMPRISONED FOR A YEAR IN CHINA FOLLOWING TIANANMEN).

3. NOT SURPRISINGLY, THESE REMARKS ARE ALREADY ATTRACTING CRITICISM. AN EDITORIAL IN MING PAO DESCRIBES THEM AS MORE SHOCKING TO THE PEOPLE OF HONG KONG THAN THE CHINESE THREATS TO BREAK OFF THE POLITICAL TALKS WHEN WE INTRODUCE OUR FORTHCOMING BILL TO LEGCO. MING PAO CORRECTLY POINTS OUT THAT THIS IS THE FIRST EXPLICIT INDICATION THAT, AFTER 1997, HONG KONG RESIDENTS MIGHT BE REFUSED ENTRY TO THE REST OF CHINA ON POLITICAL GROUNDS.

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127115 MDHIAN 5590

COMMENT

4. THIS IS A DISTURBING DEVELOPMENT AT AN UNHELPFUL TIME. FREEDOM OF TRAVEL AFTER 1997 IS ALREADY ONE OF THE MOST NEURALGIC ISSUES IN THE COMMUNITY. CONCERNS HAVE ALREADY BEEN FUELLED RECENTLY NOT ONLY BY CHINA'S BEHAVIOUR TOWARDS HAN DONGFANG, BUT ALSO BY A RECENT SPATE OF CASES IN WHICH CHINA HAS REFUSED ENTRY TO HOLDERS OF VALID HOME VISIT PERMITS WHO ARE ALSO HONG KONG ALLIANCE

DEMOCRACY ACTIVISTS.

5. WE HAVE CONSIDERED THE PROVISIONS OF THE BASIC LAW AND JOINT DECLARATION WHICH DEAL WITH FREEDOM OF MOVEMENT AND TRAVEL FOR HKSAR RESIDENTS. HOWEVER, OUR VIEW IS THAT THESE PROVISIONS ARE PRIMARILY CONCERNED WITH FREEDOM OF MOVEMENT WITHIN THE HKSAR AND FREEDOM OF TRAVEL AND EMIGRATION FROM HKSAR TO COUNTRIES AND REGIONS ABROAD. THE CHINESE WILL CERTAINLY ARGUE THAT TRAVEL ARRANGEMENTS AFTER 1997 BETWEEN THE SAR AND THE REST OF CHINA ARE A PURELY INTERNAL MATTER.

6. BUT STATEMENTS OF THE KIND REPORTED CORRODE PUBLIC CONFIDENCE AND ARE DETRIMENTAL TO HONG KONG'S SOCIAL STABILITY AND ECONOMIC PROSPERITY. WE THEREFORE HAVE A LOCUS, AS WELL AS A STRONG INTEREST IN DISCOURAGING THE CHINESE FROM MAKING THEM, AND INDEED FROM ALLOWING SUBJECTIVE POLITICAL CRITERIA OF THE KIND ENVISAGED TO INFLUENCE THEIR FUTURE POLICIES TOWARDS THE SAR AND ITS CITIZENS. THE MING PAO EDITORIAL RIGHTLY POINTED OUT THAT THIS HAS BEEN THE ESSENCE OF OUR ARGUMENT OVER THE LEGCO THROUGH TRAIN.

6. IT IS NOT CLEAR AT THIS STAGE WHETHER TIAN WAS SPEAKING OFF THE TOP OF HIS HEAD OR EXPRESSING CONSIDERED CHINESE POLICY. ANY CLARIFICATION WHICH PEKING CAN PROVIDE ON THIS POINT WOULD BE HELPFUL. IN THE ABSENCE OF ANY CHINESE DISCLAIMER, AND SUBJECT TO YOUR VIEWS AND THOSE OF PEKING, THERE MAY WELL BE A CASE FOR RAISING THIS WITH THE CHINESE. WE MIGHT DRAW ATTENTION TO THE EFFECT OF REMARKS OF THE KIND ATTRIBUTED TO TIAN ON CONFIDENCE IN HONG KONG, ASK THEM TO EXPLAIN IN CLEAR AND OBJECTIVE TERMS THE GROUNDS ON WHICH ENTRY FROM THE SAR MIGHT BE DENIED, AND URGE THEM NOT TO ADOPT SUBJECTIVE POLITICAL CRITERIA OF THE KIND APPARENTLY ENVISAGED. DEPENDING ON HOW PUBLIC INTEREST IN THIS ISSUE DEVELOPS, WE MIGHT NEED TO MAKE SUCH AN APPROACH PUBLIC IN DUE COURSE.

PATTEN

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