CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG
TO DESKBY 09140OZ FCO
TELNO 114
OF 09123OZ JANUARY 90
Ансо
TOP COPY
RECEIVED IN RETR
TRO
07 MAR 1990
DESK OFFICER
INDEX
PA
?
176200
MDHIAN 1707
FOR HKD
☺
YOUR TELNO 65 : NON-CHINESE ETHNIC MINORITIES IN HONG KONG
1 WE INTEND TO ALIGN OUR IMMIGRATION ORDINANCE WITH THE RIGHT OF ABODE PROVISIONS IN THE JOINT DECLARATION AS SOON AS WE CAN. BUT COMPLETE ALIGNMENT WILL DEPEND ON AMONGST OTHER THINGS INTERPRETATIONS OF THE PROVISIONS IN JD158 AND JD159 WHICH WE HAVE YET TO RESOLVE WITH THE CHINESE. OUR THINKING AT THIS STAGE IS THAT IT MAY BE POSSIBLE FOR US TO INTRODUCE FURTHER LEGISLATIVE AMENDMENTS BY STAGES SO THAT NON-CHINESE WHO HAVE FULFILLED THE 7- YEAR RESIDENCE REQUIREMENT CAN ACQUIRE THE RIGHT OF ABODE IN HONG KONG BEFORE THE INTERPRETATION PROBLEM HAS BEEN RESOLVED. HOWEVER, WE STILL NEED A LITTLE TIME TO EXPLORE THIS OPTION, AND CANNOT THEREFORE COUNT OURSELVES TO INTRODUCING LEGISLATION IN THE NEXT SESSION.
2. AGAINST THIS BACKGROUND, WE WOULD SUGGEST THAT THE LAST SENTENCE OF PARAGRAPH 4 OF YOUR PROPOSED REPLY TO THE HARILELA BE AMENDED AS
FOLLOWS:
''THE HONG KONG GOVERNMENT HAVE INDICATED THAT THEY PROPOSE TO
INTRODUCE THE NECESSARY AMENDING LEGISLATION AS SOON AS POSSIBLE. ONE OPTION THAT IS BEING EXPLORED IN ORDER TO SPEED UP THE PROCESS OF BRINGING THE PRESENT ORDINANCE INTO LINE WITH THE BASIC LAW IS
TO INTRODUCE THE LEGISLATION BY STAGES''
·
3. WITH REFERENCE TO PARA 3 OF YOUR TUR, UNDER HONG KONG LAW, ANYONE WHO IS IN HONG KONG FOR MORE THAN 180 DAYS IS REQUIRED TO APPLY FOR AN IDENTITY CARD. HOWEVER, ANYONE WITH THE RIGHT OF ABODE IN HONG KONG CAN APPLY FOR A PERMANENT IDENTITY CARD. ALL BN (0) PASSPORT HOLDERS ARE HONG KONG BDTCS, AND THUS HAVE THE RIGHT OF ABODE IN HONG KONG. THUS NON-CHINESE ETHNIC MINORITIES WHO ARE BN
(O)S HAVE THE RIGHT OF ABODE IN HONG KONG AND ARE ELIGIBLE FOR PERMANENT HONG KONG IDENTITY CARDS. THEIR CONCERN HOWEVER IS MORE WITH NATIONALITY THAN WITH THE RIGHT OF ABODE AFTER 1997.
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CONFIDENTIAL