CONFIDENTIAL

2

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11

have

documents..

• •

entered Hong Kong

with valid travel

2.

The British side are

concerned to note that the

paragraph 2(4) of Article 24 has now

revised version of

been

approved by the Ninth Plenary Meeting of the Basic Law

Drafting Committee.

As the Chinese side are aware the

British side place great importance as a matter of

principle on there being full consistency between the terms

of the Basic Law and those of the Joint Declaration. But

in this instance, we are also particularly concerned at the

practical consequences of the change which has been made.

As now worded this Article would deny to persons who are

not of Chinese nationality, who were born in Hong Kong and

have ordinarily resided in Hong Kong for at least seven

years, the right to acquire right of abode in the Hong Kong

Special Administrative Region even though they wish to take

Hong Kong as their place of permanent residence.

Similarly, persons under 21 years of age who were born of

such persons in Hong Kong could not, contrary to the

provision in the Joint Declaration, obtain the right of

abode in the HKSAR. Such persons would not be provided for

by paragraph 2(6) of Article 24, if they were born after

the

establishment

abode elsewhere.

of the HKSAR or if they had the right of

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CONFIDENTIAL

機密

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