TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 33

99

HONG KONG LEGISLATIVE COUNCIL

香港立法局

10 November 1993

一九九三年十一月十日

99

SECRETARY FOR SECURITY: Mr President, I recognize the importance which Hong Kong people attach to freedom of movement. Both the Hong Kong and the British Governments have long realized the importance of this freedom and have taken steps, in the negotiations leading to the signing of the Joint Declaration, to ensure that it is secured in Hong Kong after 1997. The result is that we now have the assurance sought in the first part of the motion in both the Joint Declaration and the Basic Law. There is no better starting point for matters of such fundamental importance to Hong Kong than the Joint Declaration, which is a binding agreement setting out the guarantees for the future of Hong Kong, and ratified by both the British and Chinese Governments.

Annex I to the Joint Declaration states that the existing rights and freedoms, including freedoms of travel and of movement, will be maintained and protected by law. This means the domestic law of the Hong Kong Special Administrative Region. The Annex also sets out the categories of persons who will have right of abode in the Hong Kong Special Administrative Region and who will be qualified to obtain permanent identity cards.

This right of abode by definition includes the right to enter the Hong Kong SAR without restriction and freedom from deportation or expulsion. On the subject of travel documents, the Annex provides for the issue of passports by the Government of the HKSAR to all Chinese nationals who hold permanent identity cards, and travel documents of the HKSAR to all other lawful residents. These passports and documents will be valid for travel to all states and regions and should record the holders' right to return to the Hong Kong SAR. Holders of permanent identity cards of the HKSAR may also have this fact stated in their travel documents as evidence that they have the right of abode. To ensure ease of travel for the people of Hong Kong, the Annex also states that the Central People's Government shall assist or authorize the HKSAR to conclude visa abolition

agreements.

I shall take the opportunity to describe, as far as I am able within the rules of confidentiality of the Joint Liaison Group (JLG), what we have been doing to give practical effect to these assurances.