Problem
CONFIDENTIAL
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- 26 -
Preferred Redraft
Possible Channels
Chapter III - Others :
(a) The Basic Law, as drafted,
is silent on the mechanism
by which a person is considered to have taken
Hong Kong as his place of permanent residence or to
have ceased to do so.
(b) The definition of "right of abode", which is the key element in our proposed distinction between SAR
permanent residents and the
residual category of Hong
Kong residents, should be
enshrined in the Basic Law.
(a)
Propose that the following provision be inserted in para. 2(4) of Art. 24 : "A person shall demonstrate that he has taken Hong Kong as his place of
permanent residence, or has ceased to do so, by making a declaration to that effect before the appropriate authority."
(b) Propose to insert the following
provision in Art. 24:
"Persons with the right of abode shall have the right to land in the Hong
Kong SAR; to have no conditions of
stay imposed upon them in the Region; to be free from deportation; and to have freedom from removal no less
favourable than under the laws
previously in force."
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