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3.
The British side
paragraph 2(4) of Article
retained,
discriminate
believe that this revision to
24 of the Basic Law would, if
most unfairly against non-Chinese
nationals who have been born in Hong Kong and permanently
resident there since birth. We assume this consequence was
not the intention of the Chinese side.
4.
drafters
The British side have noted reports that Basic Law
remain concerned that Vietnamese refugees and boat
people presently stranded in Hong Kong may be eligible to
acquire right of abode in the Hong Kong Special
Region if no change is made to
Administrative
paragraph 2(4) of Article 24.
this concern to be unfounded.
The British side consider
The fact is that Vietnamese
refugees and Vietnamese boat people who have yet to be
screened, or who have been screened out, are not considered
ordinarily resident, nor are their children born after
as
1 January 1983. Such persons would therefore be unable to
fulfil the requirement in paragraph 2(4) of Article 24 that
they must "have ordinarily resided in Hong Kong for a
period of no less than 7 years" and would not be
continuous
able to obtain permanent resident status.
5.
The British side therefore very much hope that the
Chinese side will reconsider this matter. We recommend
removal of the amendment to paragraph 2(4) of Article 24
before the Basic Law is
People's
Congress.
promulgated by the National
Should the Chinese side feel unable to
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