HC Deb 01 November 1994 vol 248 cc1043-5W
Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth Affairs (1) if he will make a statement on the terms "treason", "secession", "sedition" and "subversion" against the Central People's Government of China contained in article 23 of the Basic Law covering the administration of Hong Kong after 1997;

(2) what assessment he has made of the implications of the word "turmoil" as used in article 18 of the Chinese Government's Basic Law on Hong Kong, which permits Beijing to extend Chinese national laws to Hong Kong in certain circumstances;

(3) what assessment he has made of the impact of article 158 of the Basic Law of the People's Republic of China on the administration of Hong Kong after 1997 on the relationship of Hong Kong courts to the National People's Congress.

Mr. Goodlad

Freedom and the rule of law in Hong Kong after 30 June 1997 are enshrined in the Sino-British Joint Declaration, an international treaty registered at the United Nations. The United Kingdom and China are obliged to implement the Joint Declaration in good faith. The Basic Law is a law adopted by the National People's Congress of the People's Republic of China. Generally, under article 158 of the Law after 30 June 1997 it will be for the courts of the Hong Kong Special Administrative Region to interpret the Basic Law, save in certain limited circumstances where interpretation would be for the Standing Committee of the National People's Congress.

Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has received from Hong Kong regarding an Access to Information Bill; and what response he has made.

Mr. Goodlad

The hon. Christine Loh, an appointed member of the Hong Kong Legislative Council, has prepared a draft Access to Information Bill. The Hong Kong Government have decided that an administrative code of practice is the best way to improve public access to information in Hong Kong. A pilot scheme will test the code early in 1995. The Hong Kong Government expect to implement the code in full by the end of 1996.

Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth Affairs which provision of the Hong Kong police force ordinance permits the seizure of news footage of demonstrators from television stations; and if he will make a statement.

Mr. Goodlad

Section 50(7) of the police force ordinance provides for the seizure of news footage of demonstrations from television stations where there is reasonable cause to suspect that the footage may provide information about a person liable to arrest. A magistrate may empower any police officer by warrant to seize such news footage if he has satisfied himself that the request for the warrant is reasonable.

Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will grant Radio Television Hong Kong a formal charter setting out basic editorial safeguards.

Mr. Goodlad

Radio Television Hong Kong—RTHK—has always enjoyed full editorial independence. The Hong Kong Government are considering plans to enact legislation to corporatise RTHK. This would formalise the role of RTHK and set out basic editorial safeguards. The Sino-British Joint Declaration guarantees the freedom of press in Hong Kong after 30 June 1997.

Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth Affairs what plans he has to amend Hong Kong Broadcasting Authority Ordinance before 1997.

Mr. Goodlad

There are no plans at present to amend Hong Kong's Broadcasting Authority Ordinance. But the Hong Kong Government plans to amend the Television Ordinance as part of a rationalisation of Hong Kong's broadcasting legislation.

Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he is making to the Government of China about article 23 of the Basic Law of the Hong Kong special administrative region of the People's Republic of China which prohibits after 1997 political organisations in Hong Kong from establishing ties with foreign political organisations or bodies.

Mr. Goodlad

Annex I, section XIII of the Sino-British Joint Declaration states that the Hong Kong special administrative region Government shall maintain the rights and freedoms as provided for by the laws previously in force in Hong Kong, including freedom of assembly, of association, of correspondence, of movement and of belief. The Joint Declaration is a solid foundation for Hong Kong's future freedoms in these areas.

Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth Affairs whether he will amend the Hong Kong film Censorship Ordinance to bring it in line with United Kingdom legislation.

Mr. Goodlad

The Hong Kong Government keep the Hong Kong Film Censorship Ordinance under review to ensure that it continues to reflect local needs and values. The ordinance was most recently amended in July 1993. The Hong Kong Government will propose further amendments in January 1995. It is not necessary or desirable to align film censorship legislation in Hong Kong precisely with that of the United Kingdom.

Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth affairs which provisions of the Hong Kong Summary Offences Ordinance permit prosecutions of people using a loudhailer without permission; and if he will make a statement.

Mr. Goodlad

Section 4(29) of the Summary Offences Ordinance prohibits the use of loudhailers in public places without prior permission from the Commissioner of Police. There have been no prosecutions under this section for several years. Since the provisions under the Noise Control Ordinance are adequate for the prevention of nuisance, the Hong Kong Government plan to repeal section 4(29) of the Summary Offences Ordinance in the present session of the Legislative Council.

Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth Affairs what representations he has received on setting up an independent human rights commission in Hong Kong; and if he will make a statement.

Mr. Goodlad

We have received a number of representations, including a recommendation in the Foreign Affairs Committee's first report, "Relations between the United Kingdom and China in the period up to and beyond 1997" published on 23 March 1994. Our policy on this question remains as set out in the observations on the report laid before the House on 1 July.

Mr. MacShane

To ask the Secretary of State for Foreign and Commonwealth Affairs how many individuals in Hong Kong have been granted right of abode in the United Kingdom after 1997.

Mr. Goodlad

As at 22 October, 100,760 people in Hong Kong have obtained British citizenship, which confers the automatic right of abode in the United Kingdom, under the provisions of the British Nationality (Hong Kong) Act 1990.