Problem
CONFIDENTUS
22 -
-
Preferred Redraft
(b) The third sentence falls
short of JD 167 whose
application is not confined
to HK residents.
(N.B. As drafted, the application of the
first sentence of the above draft
provision is confined to Hong Kong residents; though in fact the rights referred to may be enjoyed by all persons in the SAR. The
sane problem also exists in some other articles in Chapter III dealing with rights applicable to everyone but are expressed to apply
only to Hong Kong residents. We
propose that Article 41 be suitably amended to fill this gap. (See comment on Article 41 below.))
Permanent residents' freedom of entry into the SAR would be safeguarded by a provision in the Basic Law regarding "right of abode". See comments on
"Chapter III-others" below.
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