or
have ordinarily resided in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region for A continuous period of 7 years or more and who have taken Hong Kong as their place of permanent residence before after the establishment of the Hong Kong Special Administrative Region, and persons under 21 years of age who were born of such persons in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region:
any other persons who had the right of abode only in Hong Kong before the establishment of the Hong Kong Special Administrative Region."
On the other hand, Annex I also states that "Entry into the Hong Kong Special Administrative Region of persons from other parts of China shall continue to be regulated in accordance with the present practice."
Thus,
the question that arise are whether the children born in the mainland of parents who have the right of abode in Hong Kong should automatically enjoy the right to land in
Hong Kong, or whether they should be treated equally as other mainland people and subject to quota restriction.
Views:
1) According to the Joint Declaration, this category of persons shall automatically enjoy the right of abode in Hong Kong without special application. Therefore, the quota shall not apply to them. (The existing quota is 75 persons per day). This view is based on the fact that there is no conflict in the Joint Declaration and the regulation of entry of persons from other parts of China As mentioned in the Joint Declaration only applies to persons who have no right of abode in Hong Kong.
2) As the Joint Declaration provides that "entry into the HKSAR of persons from other parts of China shall continue to be regulated in accordance with the present practice", this category of persons may not necessarily be entitled to the right of abode in Hong Kong. Hence, the number of these
persons migrating to Hong Kong should be included daily quota.
in the
3) If the HKSAR Government felt that the number of mainland immigrants is more than it can take, it has the right to have consultations with the Central Government for revision of the daily immigration quota. The quota presently agreed
4.4
to by China and Hong Kong shall be decided through bi- lateral consultations after 1997 and needs not be specified
in the Basic Law.
of
The Joint Declaration does not mention which categories
persone may acquire the right of abode in Hong Kong through legitimate marriage.
9