TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 34

HONG KONG LEGISLATIVE COUNCIL

10 November 1993

100

香港立法局

一九九三年十一月十日

100

First, right of abode. The concept of right of abode is central to the guarantee of freedom of movement, in particular the freedom to re-enter Hong Kong without limitations or conditions and freedom from deportation or expulsion. The Basic Law has already set out the categories of people who will have right of abode in the HKSAR. We have formulated proposals on how our local immigration legislation should be amended to give effect to these provisions of the Basic Law. Our proposals are currently being studied by the Chinese side in the JLG.

Secondly, we realize the importance of making early arrangements for the issue of HKSAR passports and travel documents, and also of ensuring convenience of travel for Hong Kong people in the future by securing or maintaining as far as possible visa-free access to other countries for holders of Hong Kong travel documents. Again, we have put forward proposals on these two subjects in the JLG.

Our objective is that each person should be clear, well before 1997, of his or her position regarding right of abode in the HKSAR; and that all persons will be able to apply for the appropriate HKSAR travel document, with, where applicable, a right of abode endorsement, from 1 July 1997 onwards, so as to ensure convenient travel into and out of Hong Kong.

The Administration agrees with the sentiments expressed by Members on the need to ensure and give practical effect to freedom of movement for Hong Kong people after 1997. We are doing, and will continue to do, all we can to that end. We do, however, believe that the best way to do this is to follow through on the guarantees already provided in the Joint Declaration. I trust that when we are able to conclude our discussion on these issues in the JLG and are able to announce the arrangements for the future, we should be able to allay many of the concerns raised in this debate. It is neither necessary nor helpful to press for new assurances, which could go no further than those already provided in the Joint Declaration, and which might indeed serve only to call into question the guarantees already given.

As regards the second part of the motion, BNOS who are Chinese citizens, and, in addition, BNOS with no right of abode elsewhere, will have the right of abode in the HKSAR. This is provided for in the Joint Declaration and will be implemented in Hong Kong by Article 24 of the