§ Mr. Alfred Morrisasked the Secretary of State for Foreign and Commonwealth Affairs whether he plans to include in the proposed basic law all the provisions spelled out in annex 1 of the agreement for the transfer of sovereignty over Hong Kong to China.
§ Mr. LuceArticle 3(12) of the draft Joint Declaration of the British and Chinese Governments on the question of Hong Kong makes clear that the basic policies of the People's Republic of China regarding Hong Kong, as set out in the Joint Declaration and annex 1, will be stipulated in the basic law.
§ Mr. Alfred Morrisasked the Secretary of State for Foreign and Commonwealth Affairs if he plans to secure an input from Hong Kong itself into the drafting of the proposed basic law in the context of the transfer of sovereignty over Hong Kong.
§ Mr. LuceThe drafting of the basic law is a matter for the Chinese Government. Chinese spokesmen have repeatedly made it clear, however, that the people of Hong Kong will be consulted about the content of the basic law.
§ Mr. Alfred Morrisasked the Secretary of State for Foreign and Commonwealth Affairs what plans he has to include within the proposed basic law for Hong Kong specific provisions for the interests of disabled people.
§ Mr. LuceThe draft agreement on the future of Hong Kong provides that the current social system in Hong Kong will remain unchanged. That system includes provision for the rehabilitation of the disabled as detailed in the Hong Kong Government's rehabilitation programme plan.
§ Mr. Alfred Morrisasked the Secretary of State for Foreign and Commonwealth Affairs what plans he has in the context of the transfer of sovereignty over Hong Kong to China regarding the position of British subjects resident in Hong Kong.
§ Mr. LuceThe arrangements which will apply to the British Dependent Territories citizens resident in Hong Kong are set out in the United Kingdom memorandum associated with the draft joint declaration on the future of Hong Kong, which was published in a White Paper (Cmnd. 9352) on 26 September.
§ Mr. Stanbrookasked the Secretary of State for Foreign and Commonwealth Affairs (1) what provision has been made with the Chinese Government to preserve the value of the pensions payable in respect of service by officers of Her Majesty's Overseas Civil Service in Hong Kong when the pension is payable outside Hong Kong after 1 July 1997;
(2) if it is intended to apply to members of Her Majesty's Overseas Civil Service in Hong Kong the terms similar to those of the public officers' agreements which were applied to members of the service in colonies which have achieved independence in the past 30 years;
(3) if, in the event of premature retirement from Her Majesty's Overseas Civil Service resulting from the 27W proposed constitutional changes in Hong Kong, officers will receive compensation from the Government of Hong Kong; and if he will make a statement;
(4) if pensions derived from service after 30 June 1997 in Hong Kong by officers who were members of Her Majesty's Overseas Civil Service will attract a supplementary pension for overseas service payable by the United Kingdom Government;
(5) if those serving officers in Hong Kong who are members of Her Majesty's Overseas Civil Service will continue to be regarded by Her Majesty's Government in the United Kingdom after 30 June 1997 as members of Her Majesty's Overseas Civil Service and as such eligible for consideration for transfer or promotion to any posts which he may be requested to fill;
(6) if, under the terms of the draft agreement with the Chinese Government, he is satisfied that the Hong Kong special administrative region Government after 30 June 1997 will not be able to withhold consent to any officers of Her Majesty's Overseas Civil Service accepting any offer of transfer or promotion within the service and will preserve his existing pension rights on transfer.
§ Mr. LuceThe draft agreement on the future of Hong Kong provides satisfactorily for continuity of service by serving officers in the public service in Hong Kong, on terms and conditions, including pay and pensions, no less favourable than before 1 July 1997. These provisions apply to members of Her Majesty's Overseas Civil Service (HMOCS) serving in Hong Kong as well as to other civil servants.
The resumption of soverignty over Hong Kong by the People's Republic of China raises similar issues in respect of HMOCS as independence has in other dependent territories. It is not possible, however, to define now, 12½ years in advance of constitutional change, all the arrangements which will apply to members of HMOCS serving in Hong Kong and to the payment of their pensions by the Hong Kong special administrative region Government after 1 July 1997.
§ Mr. Stanbrookasked the Secretary of State for Foreign and Commonwealth Affairs why no provision has been made in the draft agreement with the Chinese Government for the pensions of retired officers to be paid outside Hong Kong at the option of the pensioner after 1 July 1997 in the currency of another country.
§ Mr. LuceHong Kong pensions are paid in Hong Kong dollars by the Hong Kong Government. Section VII of annex 1 to the joint declaration provides that after 1 July 1997 the Hong Kong dollar shall continue to circulate and remain freely convertible and that no exchange control policy shall be applied in the Hong Kong SAR. Pensioners would therefore be free to have their pensions transferred outside Hong Kong in the currency of another country.