36
CONFIDENTIAL ##
Q7
Chinese
A7
機密
HKC012/3
Additional Q & As for Defensive Brief RECEIV
view is that non-Chinese
12 MAR 1990
DESK OF INL:
nationals born in
Hong Kong and have ordinarily resided in Hong Kong for
at
least 7 years and their offspring born in Hong Kong
are eligible for the right of abode in the HKSAR under
para. 2(6) of Art. 24 of the BL. No hardship created.
A person who wishes to obtain right of abode in
the HKSAR through Article 24(6) has to satisfy the
following two criteria:
(a) he must have right of abode in Hong Kong before
1997; and
(b)
he must not have right of abode anywhere else.
expect that there will be some non-Chinese nationals
We
who
cannot
qualify under
para.
2(4)
of
Article 24
because they have not entered Hong Kong with a valid
document, and yet they will also be unable to
of this
travel
obtain right
Article.
Of
abode through
2(6) para.
An example would be an ethnic Indian who was
born in Hong Kong but whose parents do not have the
right of abode in Hong Kong.
from
He would be prevented
para. 2(4)
did not enter Hong Kong with a valid travel
through
obtaining right of abode
because he
document; and he would not be able to satisfy
para.
2(6) if he has the right of abode in India.
consider that for such
We
people to be unable to obtain