§ Mr. Chris SmithTo ask the Secretary of State for Foreign and Commonwealth Affairs whether, under the joint agreement, the National People's Congress of the People's Republic of China after 30 June 1997 will maintain reserve 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. MaudeArticle 158 of the current draft of the Basic Law vests the power of amendment of the Basic Law in the National People's Congress. It states that no amendment to the Basic Law shall contravene the established basic policies of the PRC regarding Hong Kong. These are set out in paragraph 3 and elaborated in annex 1 of the Sino-British Joint Declaration.
§ Mr. Chris SmithTo ask the Secretary of State for Foreign and Commonwealth Affairs when he now estimates that close co-operation can be restored between the United Kingdom and the People's Republic of China authorities; to what extent such restored co-operation could lead to a full implementation of the Joint Declaration on the future of Hong Kong; and if he will make a statement.
§ Mr. MaudeThe thirteenth meeting of the Sino-British joint liaison group, which took place from 27 to 29 September, marked the restoration of formal consultation with the People's Republic of China over Hong Kong. The communiqué which issued from that meeting stated that both sides had reaffirmed their continued determination to abide by the Joint Declaration and to fulfil the various responsibilities it lays down.
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§ Mr. SillarsTo ask the Secretary of State for Foreign and Commonwealth Affairs if the United Kingdom Government's right to pursue diplomatic claims on behalf of Hong Kong citizens of BNO status is covered by the agreement with the Government of China.
§ Mr. MaudeThe British memorandum associated with the Sino-British Joint Declaration on the question of Hong Kong makes clear that from 1 July 1997 those British Dependent Territories Citizens (BDTCs) from Hong Kong, who have by then elected to become BN(O)s and to travel on BN(O) passports, will be entitled to consular services and protection in third countries. The Chinese memorandum indicates that such passports may continue to be used from 1 July 1997, although, in accordance with normal practice in cases of dual nationality, BN(O)s will not be entitled to consular protection by the United Kingdom Government in the Hong Kong Special Administrative Region, or in other parts of China.
§ Mr. SillarsTo ask the Secretary of State for Foreign and Commonwealth Affairs what legal opinions his Department has obtained on the nationality status of persons born in Hong Kong when sovereignty passes to China in 1997.
§ Mr. MaudeThe Chinese memorandum to the Sino-British Joint Declaration states that under Chinese nationality law, all Hong Kong Chinese are Chinese nationals. The British memorandum makes clear that all Hong Kong British Dependent Territories citizens will, from 1 July 1997, be eligible to retain an appropriate status which will entitle them to continue to use passports issued by the Government of the United Kingdom. It also provides that that status will be acquired by BDTCs only if they hold, or are included in, a BN(O) passport issued before 1 July 1997, except that eligible persons born on or after 1 January 1997, but before 1 July 1997, may obtain or be included in such a passport up to 31 December 1997.
§ Mr. SillarsTo ask the Secretary of State for Foreign and Commonwealth Affairs whether he has taken legal opinion on whether under international law the citizens of Hong Kong will upon transfer of sovereignty to China become de jure Chinese nationals.
§ Mr. MaudeIn accordance with the exchange of memoranda associated with the Sino-British Joint Declaration on Hong Kong, all persons who on 30 June 1997 are, by virtue of a connection with Hong Kong, British Dependent Territories Citizens (BDTCs) under the law in the United Kingdom, will cease to be BDTCs with effect from 1 July 1997, but will be eligible to retain the status of British Nationals (Overseas). At the same time, under the nationality law of the People's Republic of China, all Hong Kong Chinese compatriots, whether they are BDTCs or not, are Chinese nationals.