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Joint Standing Committee COMMONWEALTH OF AUSTRALIA JOINT STANDING COMMITTEE on FOREIGN AFFAIRS, DEFENCE AND TRADE (Human Rights Subcommittee) Reference: Hong Kong’s transfer to Chinese sovereignty CANBERRA Wednesday, 13 November 1996 OFFICIAL HANSARD REPORT CANBERRA JOINT STANDING COMMITTEE ON FOREIGN AFFAIRS, DEFENCE AND TRADE (Human Rights Subcommittee) Members: Mr Nugent (Chair) Mr Hollis (Deputy Chair) Senator Bolkus Mr Barry Jones Senator Bourne Mr Lieberman Senator Chapman Mr Price Senator Harradine Mr Slipper Senator Schacht Ms Worth Matter referred to inquire into and report on: the future of democratic political structures in Hong Kong after the transfer of sovereignty; the protection of human rights in the territory of Hong Kong as established by the United Nations Charter, the international human rights covenants, relevant United Nations General Assembly resolutions and the Hong Kong Bill of Rights; the impact on the implementation of human rights protection of the Joint Declaration made by the United Kingdom and the People’s Republic of China and the Basic Law enacted by the People’s Congress of the People’s Republic of China and subsequent negotiations between the United Kingdom and the People’s Republic of China; the condition of the remaining asylum seekers and the repatriation of those screened out under the Comprehensive Plan of Action for Indochinese Refugees; the future status of those whose citizenship of China or a third country, or right of abode in Hong Kong might not be assured; the implications for Australia of the transfer of power from the United Kingdom Government to the Government of the People’s Republic of China. WITNESSES BALKIN, Dr Rosalie Pam, Acting Senior Government Counsel, Attorney-General’s Department, Robert Garran Offices, Barton, Australian Capital Territory .................................. 65 BUFFINTON, Ms Fiona Kathryn, Manager East-Asia Regional Support Office, Austrade, PO Box 2386, Canberra City, Australian Capital Territory 2601 ............................................. 34 BUGDEN, Mr Laurence Kenneth, Assistant Secretary, Refugee and Humanitarian Branch, Department of Immigration and Multicultural Affairs, Chan Street, Belconnen, Australian Capital Territory .......... 74 CHEY, Dr Jocelyn Valerie, 7 Rosetta Avenue, Killara, New South Wales 2071 . 50 FISHER, Mrs Denise Margaret, Director, Hong Kong, Macau and Taiwan Affairs Section, Department of Foreign Affairs and Trade, RG Casey Building, John McEwen Crescent, Barton, Australian Capital Territory 0221 .................................................... 2 ........................................................ 49 ........................................................ 88 FORSYTHE, Mr Peter John, Executive General Manager East-Asia, Austrade, PO Box 2386, Canberra, Australian Capital Territory 2601 ............ 34 HUMPHRIES, Mr Leslie Peter, Executive Officer, Hong Kong, Macau and Taiwan Affairs Section, Department of Foreign Affairs and Trade, RG Casey Building, John McEwen Crescent, Barton, Australian Capital Territory 0221 ............................................. 2 LAMB, Mr Christopher, Legal Adviser, Department of Foreign Affairs and Trade, RG Casey Building, John McEwen Crescent, Barton, Australian Capital Territory 0221 ....................................... 2 LEIGH, Ms Kathy, Senior Government Counsel, International Civil and Privacy Branch, Attorney-General’s Department, Robert Garran Offices, Barton, Australian Capital Territory ...................... 65 PERGAMINELIS, Ms Maria, Executive Officer, Hong Kong, Macau and Taiwan Affairs Section, Department of Foreign Affairs and Trade, RG Casey Building, John McEwen Crescent, Barton, Australian Capital Territory 0221 ............................................. 2 ....................................................... 88 RIZVI, Mr Abul Khair, Assistant Secretary, Migration and Temporary Entry Branch, Department of Immigration and Multicultural Affairs, Benjamin Offices, Belconnen, Australian Capital Territory ............ 74 SIMMONS, Ms Catherine Jane, Desk Officer, China and Mongolia Section, Department of Foreign Affairs and Trade, John McEwen Crescent, Barton, Australian Capital Territory 0221 ........................ 2 SULLIVAN, Mr Mark, Deputy Secretary, Department of Immigration and Multicultural Affairs, Chan Street, Belconnen, Australian Capital Territory ................................................. 74 TOMKINSON, Ms Corinne Denise, Executive Officer, Human Rights and Indigenous Issues Section, International Organisations Branch, Department of Foreign Affairs and Trade, John McEwen Crescent, Barton, Australian Capital Territory 0221 ........................ 2 WHEEN, Mr David George, First Assistant Secretary, Multicultural Affairs and Citizenship Division, Department of Immigration and Multicultural Affairs, Chan Street, Belconnen, Australian Capital Territory .......... 74 JOINT STANDING COMMITTEE ON FOREIGN AFFAIRS, DEFENCE AND TRADE (Human Rights Subcommittee) Hong Kong’s transfer to Chinese sovereignty CANBERRA Wednesday, 13 November 1996 Present Mr Nugent (Chair) Senator Bolkus Mr Sinclair Senator Bourne The subcommittee met at 9.36 a.m. Mr Nugent took the chair. 1 FADT 2 JOINT Wednesday, 13 November 1996 FISHER, Mrs Denise Margaret, Director, Hong Kong, Macau and Taiwan Affairs Section, Department of Foreign Affairs and Trade, RG Casey Building, John McEwen Crescent, Barton, Australian Capital Territory 0221 HUMPHRIES, Mr Leslie Peter, Executive Officer, Hong Kong, Macau and Taiwan Affairs Section, Department of Foreign Affairs and Trade, RG Casey Building, John McEwen Crescent, Barton, Australian Capital Territory 0221 LAMB, Mr Christopher, Legal Adviser, Department of Foreign Affairs and Trade, RG Casey Building, John McEwen Crescent, Barton, Australian Capital Territory 0221 PERGAMINELIS, Ms Maria, Executive Officer, Hong Kong, Macau and Taiwan Affairs Section, Department of Foreign Affairs and Trade, RG Casey Building, John McEwen Crescent, Barton, Australian Capital Territory 0221 SIMMONS, Ms Catherine Jane, Desk Officer, China and Mongolia Section, Department of Foreign Affairs and Trade, John McEwen Crescent, Barton, Australian Capital Territory 0221 TOMKINSON, Ms Corinne Denise, Executive Officer, Human Rights and Indigenous Issues Section, International Organisations Branch, Department of Foreign Affairs and Trade, John McEwen Crescent, Barton, Australian Capital Territory 0221 CHAIR—I declare open this public hearing of the Human Rights Subcommittee of the Joint Standing Committee on Foreign Affairs, Defence and Trade and welcome the witnesses. The subcommittee is inquiring into Hong Kong’s transfer of sovereignty from Britain to China on 1 July 1997. This is the first public hearing in this inquiry. Other hearings will be held in other parts of Australia in January, February and March. The committee will also visit Hong Kong in January next year for meetings and discussions with a variety of relevant individuals and organisations. The committee expects to table its report on this reference in June next year, if not sooner. The subcommittee prefers that all evidence is given in public, but should you at any stage wish to give any evidence in private you may do so and the subcommittee will give consideration to your request. I invite you to make a short opening statement before we proceed to questions. Mr Lamb—Thank you, Mr Chairman. I will not do more than say that we are very grateful for the opportunity to be here. The department has made an extensive submission to the committee. It might be better if we allowed that statement to speak for itself and took as many questions as we could in the time that is available from the members of the committee. FOREIGN AFFAIRS, DEFENCE AND TRADE Wednesday, 13 November 1996 JOINT FADT 3 We, of course, work very happily in and with parliamentary committees and look forward to working with the committee as it develops its thinking here. I am sure that there will be other issues that will come to your attention as you interview others and have other hearings. If you would like to return to us at any stage with more questions we would be only too happy to cooperate in filling out the knowledge that we can, and making available our other resources to bring information to your attention as you need it. Perhaps Mrs Fisher, from her vantage point in the Hong Kong, Macau and Taiwan section will be able to say more. Perhaps I should say one brief thing about myself: the multilateral side of the Department of Foreign Affairs and Trade’s work is one that is close to me and to my colleague Ms Tomkinson beside me. We have responsibility for the way Hong Kong fits into the larger multilateral scene, and the way some of the human rights issues are dealt with. With Hong Kong that is something that we think we might be able to offer some expertise to the committee on, as well, in cooperation with our colleagues from the bilateral desk. Mrs Fisher—I thought I would firstly tell you, how we approached the preparation of the submission, and, secondly, update a few things that have happened since we gave you that submission. We then welcome questions on any aspects of it. The main thing that we think should be borne in mind about Hong Kong is that it is not a static economy. For over 150 years, at least, it has had to adjust to a number of changes. Most recently, we have seen a lot of change just in the structure of its economy. Fifteen years ago, Hong Kong was basically a manufacturing centre. Now, we find that it is a service centre:
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