A140

Ord. No. 31/87

Hong Kong permanent residents enjoy right of abode in Hong Kong.

Amendment of section 4.

4.

IMMIGRATION (AMENDMENT) (NO. 2)

"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order was made prior to 1 July 1987 enjoys the right of abode in Hong Kong unless the deportation order has expired or been revoked.".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-

", 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.

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

Amendment of section 5.

Amendment of section 7.

6.

Repeal and replacement of section 8.

Section 7 of the principal Ordinance is amended—

(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Section 8 of the principal Ordinance is repealed and replaced by the following-

"Resident

British citizens and resident

United

Kingdom belongers have

right to land in Hong Kong.

8. (1) Subject to subsection (2), a resident British citizen or a resident United Kingdom belonger 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; and

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

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