000
GOVT HOUSE HK
Article
Problem
CONFIDENTIAL
pter III: Fundamental Rights and Duties of the Residents
Art. 24
(a) The definitions of
categories (3) and (5) of SAR permanent residents, though reflecting the relevant JD provisions (JD 158 and 159), are ambiguous. Such ambiguity may give rise to an interpretation which would result in a heavy
immigration commitment for the SAR.
14
Suggested Solution
Government of the Hong Kong SAR.
n
(a) Proposed formula:
"2(3) Chinese nationals born
outside Hong Kong after the establishment of the Hong Kong SAR if at the time of their birth each parent is a resident listed in category (1) or (2);
2(5) Persons under 21 years of
age born in Hong Kong of residents listed in category (4) before or after the establishment of the Hong Kong SAR if at the time of the birth each parent is such a
Remarks
Channels :
J
- Legal experts meeting
Zheng Weirong
BLDC/BLCC interlocutors
JLG
Actions taken:
-
-
- (a) has been discussed in
the JLG and the legal experts channel;
- (b) and (c) have been
raised in the legal experts channel;
On (d). We have alerted the Chinese side of the problem identified. But we have not yet floated the proposed solution to them.
CONFIDENTIAL
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