HC Deb 06 July 1987 vol 119 cc9-11W
Mr. Ashdown

asked the Secretary of State for Foreign and Commonwealth Affairs (1) whether the People's Republic of China has accepted the compulsory jurisdiction of the International Court of Justice to resolve any dispute over implementation or interpretation of the joint declaration on the future of Hong Kong; and if he will make a statement;

(2) whether the United Kingdom has accepted the compulsory jurisdiction of the International Court of Justice to resolve any dispute over implementation or interpretation of the joint declaration on the future of Hong Kong; and if he will make a statement.

Mr. Eggar

The People's Republic of China has not accepted the compulsory jurisdiction of the International Court of Justice and the United Kingdom's acceptance of compulsory jurisdiction is subject to reciprocity. Nevertheless, both Governments have made it clear that they are firmly committed to the full and faithful implementation of the joint declaration in the interests of maintaining the stability and prosperity of Hong Kong. We intend to honour the agreement to the full and are confident that the Chinese Government intend likewise.

Mr. Ashdown

asked the Secretary of State for Foreign and Commonwealth Affairs what judicial procedures will be used after 1 July 1997 to resolve any dispute between the United Kingdom and the People's Republic of China over implementation or interpretation of the joint agreement on the future of Hong Kong; and if he will make a statement.

Mr. Eggar

There is no provision in the joint declaration for the judicial resolution of disputes. It would be for us and the Chinese Government to seek to resolve any differences of view by whatever methods seemed appropriate at the time. There is close co-operation between our two Governments and we are fully satisfied with the progress that has been made in the implementation of the joint declaration.

Mr. Ashdown

asked the Secretary of State for Foreign and Commonwealth Affairs how many visas for emigration from Hong Kong have been issued in the past five years; if he will list the totals by country of destination; and if he will make a statement.

Mr. Eggar

Hong Kong people are free to come and go as they wish. Exit visas are not required and travellers are not questioned on the purpose of their journey. In these circumstances, statistics on the numbers emigrating are not available. However, we estimate that on average about 20,000 people have emigrated in each of the past five years.

Mr. Ashdown

asked the Secretary of State for Foreign and Commonwealth Affairs if, following his consultations, he will state whether the National People's Congress of the People's Republic of China, after 30 June 1997,, maintain rights to amend the basic law of the special administrative region of Hong Kong and to review the constitutionality of the local laws of the special administrative region; and if he will make a statement.

Mr. Eggar

Under the Chinese constitution, the power to amend the basic law, like other Chinese statutes, rests with the National People's Congress. However, the joint declaration provides that the basic policies set out in that agreement—which will be stipulated in the basic law—will regain unchanged for 50 years from 1 July 1997. In accordance with the terms of the joint declaration, laws enacted by the Legislature of the Special Administrative Region which are in accordance with the basic law and legal procedures will be regarded as valid.

Mr. Ashdown

asked the Secretary of State for Foreign and Commonwealth Affairs if the statement by Sir Sze-Yuen Chung, a senior member of the Hong Kong Executive Council, concerning the totality of the control which will be exercised over Hong Kong by the People's Republic of China after 30 June 1997, and concerning the degree of local control over political affairs, represents Her Majesty's Government's policy; and if he will make a statement.

Mr. Eggar

Sir Sze-Yuen Chung has made clear that in his statement he was putting forward his personal views. Our general position is made clear from our signature of the Sino-British joint declaration. This providesinter alia that from 1 July 1997 the Hong Kong Special Administrative Region will enjoy a high degree of autonomy, except in foreign and defence affairs which will be the responsibilities of the Central People's Government of the People's Republic of China.