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138 Values and Civil and Political Liberties criteria in the Immigration Rules. The effect has been more removal (an 87 per cent, increase between 1986 and 1988) of people, who, knowing they cannot appeal, go back not involuntarily to their countries by way of supervised departure. Self-determination Another residual problem of empire is Hong Kong. Hong Kong consists partly of the Crown Colony (Hong Kong Island, ceded in 1842 to the United Kingdom after the Opium War with China, and some of the Kowloon peninsula and Stonecutters Island ceded in 1860) and partly of the New Territories (a strip of mainland adjoining the Kowloon peninsula, together with a group of islands granted in 1898 on a long lease from China following further hostilities). The population of Hong Kong in both the Crown Colony and the New Territories has been so administered over the last 90 years that it can be said to have become "a people" entitled both to internal and external self-determination. Because of China's proximity and political attitudes, no United Kingdom government has been willing to allow any genuine self-determination to the people of Hong Kong. Internal self-determination or self-government has been denied and external self-determination ignored, with China and the United Kingdom agreeing over the heads of the people of Hong Kong. A smooth transition to absorption into China has been deemed the best outcome for the people of Hong Kong—and for British foreign trade. This contract between two sovereign states infringes the Hong Kong people's international human right, recognised in both UN Covenants, to self-deter-
Self-determination 139 mination. This background explains the extraordinary compromises made in 1990 concerning which Hong Kong British subjects will ultimately be permitted, should they so wish, to reside in the United Kingdom— the intention being to restrain emigration of skilled Hong Kong Chinese in the run-up to the handover to China by giving them (and them alone) guarantees for the future. It is a quirk of fortune, due to British imperial citizenship policy and the United Kingdom's subsequent EEC membership, that EEC nationals will be able to seek work in the United Kingdom, whereas large numbers of United Kingdom citizens will not have that right. In contrast with its unwillingness to accord selfdetermination to the people of Hong Kong, the British Government has in certain circumstances applied the principle of self-determination to the people of Northern Ireland. The Anglo-Irish Agreement of 1985, a treaty ratified both by the Republic of Ireland and by the United Kingdom and registered with the United Nations, recognised that "the people of Northern Ireland," that is the whole population of Northern Ireland, have the right of self-determination. It is implicit from the Agreement that self-determination is in relation to whether Northern Ireland continues as part of the United Kingdom or whether, following a referendum, the United Kingdom will introduce legislation to unite Northern Ireland with the Republic of Ireland. The Agreement will prove to be a historic turning point for Anglo-Irish and intercommunity relations in Northern Ireland, but its thrust is all-Ireland directed, not towards unlimited self-determination. For example, full internal self-determination is not accorded, the people of Northern Ireland being represented in the Westminster Parliament and governed as part of the United Kingdom, but on a special basis, with Northern Ireland affairs being subject to intensive supervision by a Secretary of State for Northern Ireland
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THE AMLY LECTURES Forty-second seri
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THE HAMLYN LECTURES FORTY-SECOND SE
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THE UNITED KINGDOM AND HUMAN RIGHTS
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CONTENTS The Hamlyn Lectures vii Th
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viii The Hamlyn Lectures 1959 Judge
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x The Hamlyn Lectures 1985 Law and
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xii The Hamlyn Trust London, Leeds,
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xiv The Hamlyn Legacy Torquay. Will
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xvi The Hamlyn Legacy grandfather.
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xviii The Hamlyn Legacy realising a
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xx The Hamlyn Legacy and imaginativ
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2 The United Kingdom and Human Righ
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10 The United Kingdom and Human Rig
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2. Human Rights, Values, Choice and
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52 Human Rights, Values and Choice
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188 Values and Civil and Political
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190 People and Education for Human
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234 Education—cont. National Curr
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236 Relativism—cont. descriptive,
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Protection of the Public— A New C
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