TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 30

HONG KONG LEGISLATIVE COUNCIL

10 November 1993

96

香港立法局

一九九三年十一月十日

96

permanent identity cards of the Region, and travel documents of the HKSAR of the People's Republic of China to all other persons lawfully residing in the Region. The above passports and documents shall be valid for all states and regions and shall record the holder's right to return to the Region."

However, we must recognize that if the Central Government can confer authorization on the SAR Government, it may, if it chooses, withhold such authority. It would certainly be contrary to the spirit of the Basic Law for the Central Government to entirely revoke the SAR Government's authority to issue passports and travel documents. But who is to say that the Central Government will not, in certain circumstances, decide to override the SAR Government's decision to issue a particular passport or, if need be, to order the cancellation of a passport once it has been issued?

Lawyers may differ as to the extent to which the Chinese Government has committed itself to honour the right of Hong Kong people to travel in and out of the territory after 1997. But the issue is not only a legal one. It is also a political issue. And because it is a political issue, it calls for a political response. Chinese willingness to give a firm undertaking to respect Hong Kong people's freedom to leave and re-enter the territory would do much to allay concern. I hope that the Chinese Government will be willing to make such a gesture.

As for the second part of the motion, I believe that, in the unlikely event that a holder of the British National (Overseas) passport should be expelled from Hong Kong, the British Government must be willing to accept that person for settlement in the United Kingdom. An undertaking to do so can be made unilaterally by Britain. I trust that the British Government will not let down the people of Hong Kong.

The record shows that the British Administration in the past did not respect the right of Hong Kong people to live in Hong Kong. This was true during the seamen's strike of 1932, when Hong Kong strikers were deported to China. It happened again during the riots of 1967, when again the British Administration deported Hong Kong people into China, without allowing them the right to re-enter the territory.

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