CONFIDENTIAL
DSR 11C
right of abode in Hong Kong and hence will not be
returnable there. This situation arises as a result of
the terms of Section XIV of Annex I to the Joint
Declaration, which sets out the categories of persons who
will have the right of abode in Hong Kong after 1997.
For non-Chinese the essential requirement is that they
should have lived in Hong Kong for a continuous period of
7 years and have taken Hong Kong as their place of
permanent residence. However, Section XIV does also
provide that anyone who, prior to 1997, has the right of
abode only in Hong Kong shall continue to have that right
after 1997. These provisions are not entirely consistent
with Hong Kong's current immigration ordinance, with the
result that a minimal number of people (mainly
non-Chinese BDTCs) may qualify for BN (0) status but will
lose the right of abode in or after 1997.
this
But those
BN (0)s who lose the right of abode in or after 1997 will
in practice only be those with that right somewhere else.
The Note sent to Missions in London and the Annex to this
letter both refer to the likely existence after 1997 of
anomalous group. In view of the small numbers who
will be affected (we estimate of the order
of the order of 0.01 per
cent of all potential BN (0)s) we do not want to draw
particular attention to a point of such limited practical
significance. On the other hand we would not want to
give the misleading impression that the problem did not
exist. If asked further about exceptions to the rule of
returnability to Hong Kong among
to Hong Kong among BN (0)s after
1997 you
may draw on the above in explanation,
emphasise:
but please also
CONFIDENTIAL