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(2)
(3)
Chinese Government do not recognise dual nationality for any
Chinese national (Article 3). In the unique
Hong Kong situation, a substantial number of ethnic Chinese are holding foreign passports. The Chinese side are well aware that to regard these Chinese living in Hong Kong as foreigners would be damaging to confidence.) The Chinese side had indicated that the question of ethnic Chinese holding foreign passports would be settled in the drafting of the Basic Law.
The immigration commitment arising from giving right of abode to people of Chinese nationality born outside Hong Kong of Chinese nationals who were born or who have ordinarily resided in Hong Kong for a continuous period of 7 years or more has
be carefully considered.
Full implementation of Section XIV in 1987 could lead to a very substantial number of children of Hong Kong residents in China becoming qualified to enter Hong Kong.
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The definition of
of permanent residence in Hong Kong which is the requirement for non-Chinese nationals to acquire right of abode is expected to attract tremendous public interest and is in fact under active discussion in the drafting of the Basic Law. Although the British and Chinese sides have agreed that a simple declaration to the effect that a person has taken Hong Kong as his place of permanent residence would be sufficient, it is undesirable immediately implement this concept without testing its acceptability in public and taking into account the Basic Law Drafting Committee's deliberations.
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(4) Indent 3 is specifically designed to come into effect on 1 July 1997 as a "safety net" to ensure that people who had right of abode only in Hong Kong before 1997 would not be left without a home on the establishment of the Hong Kong SAR. The concept of "right of abode" does not exist at present. For indent 3 to have any meaning, when the term "right of abode" is to be introduced in 1987, some persons who do not qualify under indent 1 or indent 2 must also be given right of abode. Otherwise, on 1 July 1997, there would not be any other persons (i.e. those who do not qualify under indent 1 or indent 2) who had right of abode
had right of abode only in Hong Kong before the establishment of the Hong Kong SAR.
G.F. 324
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