§ Mr. Chris SmithTo ask the Secretary of State for Foreign and Commonwealth Affairs if any plans exist in the Hong Kong Administration for enacting a Bill of Rights and incorporating the international covenant on civil and political rights into domestic law during the transitional period to 1997; and if he will make a statement.
§ Mr. EggarThe international covenant on civil and political rights was extended to Hong Kong, with certain reservations, in 1976. It is at present implemented in Hong Kong, as in the United Kingdom, through a combination of common law, legislation and administrative rules. We are now considering with the Hong Kong Government as a matter of priority whether to enact a human rights ordinance, and if so, what form it should take.
§ Mr. Chris SmithTo ask the Secretary of State for Foreign and Commonwealth Affairs what exceptions to aspects of the joint declaration have been excluded from the proposed second draft of the proposed Basic Law for Hong Kong; and if he will make a statement.
§ Mr. EggarThe latest draft of the Basic Law repeats many provisions of the joint declaration word for word. However, there are undoubtedly other areas where improvements would be welcome in Hong Kong. Consultation on the draft Basic Law has been temporarily suspended in Hong Kong. When consultation resumes, Hong Kong people will no doubt wish to continue to express their views.
§ Mr. Chris SmithTo ask the Secretary of State for Foreign and Commonwealth Affairs what requests were received from the People's Republic of China seeking a postponement of direct elections to the Legislative Council in Hong Kong; what information he has as to the view of the People's Republic of China authorities as to the implementation of reforms to the political system in Hong Kong prior to the promulgation of the Basic Law; and if he will make a statement.
§ Mr. EggarThe Chinese Government made clear their view that any changes introduced in Hong Kong Government's 1988 White Paper on the development of representative government should be compatible with the Basic Law to be promulgated in 1990.
§ Mr. Chris SmithTo ask the Secretary of State for Foreign and Commonwealth Affairs what specific measures have been taken to ensure that the high degree of autonomy promised for the special administrative region by the People's Republic of China authorities will be effected; what sanctions exist should that autonomy not be granted; and if he will make a statement.
§ Mr. EggarA high degree of autonomy for Hong Kong is provided for in the Sino-British joint declaration of 1984, an international agreement binding under international law. We have the right to satisfy ourselves that the Basic Law fully and faithfully reflects the provisions of the joint declaration. We intend to live up to our commitments under the joint declaration and we look to the Chinese to do the same.
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§ Mr. Chris SmithTo ask the Secretary of State for Foreign and Commonwealth Affairs whether the power of independent and final adjudication of the Basic Law of the special administrative region of Hong Kong will vest in the territory's courts; and if he will make a statement.
§ Mr. EggarThe Sino-British joint declaration on the future of Hong Kong provides that the courts of the future special administrative region shall exercise judicial power independently and free from any interference, and that the power of final judgment shall be vested in the court of final appeal in Hong Kong. These provisions are reflected in articles 81 and 84 of the latest draft of the Basic Law.
§ Mr. Chris SmithTo ask the Secretary of State for Foreign and Commonwealth Affairs whether, in the light of recent events in the People's Republic of China, he will consider ordering direct elections for the Legislative Council of Hong Kong; if a fully and directly elected legislature will be achieved prior to 1 July 1997; and if he will make a statement.
§ Mr. EggarIn the light of recent events in China, and evidence of a change of opinion in Hong Kong, we and the Hong Kong Government are taking a careful look at the programme for advancing and consolidating effective democracy in Hong Kong.
§ Mr. Chris SmithTo ask the Secretary of State for Foreign and Commonwealth Affairs whether he will suspend all extradition of prisoners to Hong Kong where there is a possibility of the extradited person being handed over to the People's Republic of China authorities on 1 July 1997; and if he will make a statement.
§ Mr. EggarWe have no plans to suspend the return of fugitives to Hong Kong. My right hon. Friend the Home Secretary can only order the return of a fugitive when all court proceedings in the United Kingdom have been concluded. If a fugitive offender is returned to Hong Kong under the Fugitive Offenders Act before 1997, that will be for an offence against Hong Kong laws. It will not be for offences against the laws of the PRC. The case will be heard by the Hong Kong courts. Under the joint declaration, Hong Kong will retain its separate legal system after 1997, and will not be relying on the PRC criminal code.