3

Hong Kong permanent

residents enjoy right of abode

in Hong Kong.

4.

"PART IA

RIGHT OF ABODE IN HONG KONG

2A. (1) A Hong Kong permanent resident enjoys the right of abode in Hong Kong, that is to say he has the right-

(a) to land in Hong Kong;

(b) not to have imposed upon him any condition of stay in Hong Kong, and any condition of stay that is imposed shall have no effect;

(c) not to have a deportation order made against him;

and

(d) not to have a removal order made against him.

(2) Notwithstanding subsection (1)(c), no person against whom a deportation order was made prior to 1 July 1987 enjoys the right of abode in Hong Kong unless the deportation order has expired or been revoked.”.

Section 4(1) of the principal Ordinance is amended-

(a) in paragraph (b) by inserting after "him" the following-

5

or remains in Hong Kong without the permission of an immigration officer or immigration assistant in contravention of section 7(2)"; and

(b) by deleting paragraph (c).

5.

Amendment of

section 4.

Section 5(4) and (5) of the principal Ordinance is amended by Amendment of deleting "or (c)" wherever it occurs.

6.

Section 7 of the principal Ordinance is amended-

section 5.

Amendment of section 7.

(a) in subsection (1), by inserting before paragraph (a) the following—

"(aa) he enjoys the right of abode in Hong Kong; or"; and

(b) in subsection (2)—

7.

(i) by inserting after "does not" the following-

"enjoy the right of abode in Hong Kong, or does not"; and (ii) by inserting a comma after "section 8(1)".

Section 8 of the principal Ordinance is amended— (a) in subsection (1)—–

(i) by deleting "persons shall" and substituting the following-

"immigrants";

(ii) by deleting paragraphs (a) and (c); and

(iii) in paragraph (e) by deleting "persons who immediately before 1 January 1983 were"; and

(b) by deleting subsection (2) and substituting the following-

"(2) An immigrant who has the right to land in Hong Kong by virtue of subsection (1) has the right not to have imposed upon him any condition of stay in Hong Kong, and any condition of stay that is imposed shall have no effect.".

Amendment of section 8.

Share This Page