TNAG-2936-FCO40-4211-Future-of-Hong-Kong-nationality-British-National-(Overseas)-1993 — Page 35

HONG KONG LEGISLATIVE COUNCIL

10 November 1993

101

香港立法局

一九九三年十一月十日

101

Basic Law. If any of these were expelled from, or denied entry into, the HKSAR, that would be a very serious matter amounting to a breach of the Joint Declaration. In such circumstances, the British Government would of course have a responsibility to raise the matter with the Chinese Government.

The Hong Kong Government has raised with the British Government on a number of occasions the need for a reassurance for Hong Kong people on this issue.

The British Government has repeated the undertaking made by the Foreign Secretary, Sir Geoffrey HOWE, in 1989 that if, against all expectations, the worst were to happen in Hong Kong after 1997, the special responsibility of the United Kingdom for the people of Hong Kong would be inescapable. In response to further representations made by the Hong Kong Government and by Members of this Council, the British Government has also now given a more specific assurance that, if the situation was such that an individual BNO were expelled, it would consider his or her position in the light of all the circumstances. These circumstances would have to include, for example, consideration of whether the individual concerned was a national of another country, and whether he had a right of abode outside Hong Kong. For not all BNOs will, after 1997, necessarily have the right of abode in Hong Kong or the right of abode only in Hong Kong. A larger number of BNOS or potential BNOS have settled abroad and acquired a foreign nationality. It would not be realistic to expect the British Government to provide advance guarantees about the future settlement of third country nationals. In this respect, the second part of the motion is, I believe, too broadly drawn.

Mr President, as I have said, the Administration attaches the same importance, as do Members of this Council, to the future freedom of movement of Hong Kong people. However, I believe that no useful purpose would be served by seeking the further undertaking sought in the first part of the motion. Rather, we should build on, and give practical effect to, the assurances already provided in the Joint Declaration. The Administration, in conclusion, supports the sentiments of this motion, but not all of its specific proposals; the official Members intend to abstain.