CONFIDENTIAL
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 2630
OF 300945Z AUGUST 90
AND TO PRIORITY PEKING
INFO PRIORITY UKREP JLG HONG KONG
MIPT
JD 158/159
HKC 340/2
- 6 SEP 1990
10
136724
MDLIAN 6770
RIGHT OF ABODE IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION
1. THE BRITISH AND CHINESE SIDES HAD A USEFUL DISCUSSION AT JLG
XV ON THE SUBJECT OF THE RIGHT OF ABODE OF PERSONS OF CHINESE NATIONALITY BORN OUTSIDE HONG KONG OF CHINESE NATIONALS WHO HAVE
RIGHT OF ABODE IN HONG KONG.
2. THE CHINESE SIDE MAINTAINED THAT THE RELEVANT PROVISIONS OF
THE JOINT DECLARATION AND BASIC LAW SHOULD BE TAKEN TO MEAN THAT SUCH A PERSON WOULD BE ENTITLED TO THE RIGHT OF ABODE IN THE HONG
KONG SAR IF EITHER OF HIS OR HER PARENTS HAD ACQUIRED THE RIGHT OF ABODE IN HONG KONG AT THE TIME OF HIS OR HER BIRTH. AT THE SAME TIME THE CHINESE SIDE EXPRESSED UNDERSTANDING OF THE BRITISH SIDE'S CONCERN THAT A SERIOUS IMMIGRATION PROBLEM COULD RESULT FROM THIS PROPOSED INTERPRETATION. THE CHINESE SIDE EXPLAINED THAT TO PREVENT THIS FROM HAPPENING, THEY HAD ADDED A PARAGRAPH TO ARTICLE 22 OF THE BASIC LAW WHICH, WHEN READ TOGETHER WITH ARTICLE 24, THEY BELIEVED, PROVIDED AN ADEQUATE AND EFFECTIVE LEGAL BASIS FOR A SOLUTION TO THE PROBLEM OF POTENTIAL MASS IMMIGRATION AFTER 1997. THE CHINESE SIDE FURTHER INDICATED THAT IN ORDER FOR COURTS OF THE HONG KONG SAR TO HAVE SPECIFIC LEGISLATION TO HEAR RELEVANT CASES, THE IMMIGRATION ORDINANCE WOULD NEED TO BE AMENDED IN THE YEARS APPROACHING 1997 SO THAT PROVISIONS ON THE RIGHT OF ABODE AND ON ENTRY AND EXIT WOULD BE FULLY IN CONFORMITY WITH THEIR INTERPRETATION OF THE RELEVANT PROVISIONS OF THE JOINT DECLARATION AND WITH THE RELEVANT PROVISIONS OF THE BASIC LAW.
3. THE CHINESE SIDE POINTED OUT THAT, UNDER THE BASIC LAW, ALL LAWS ENACTED BY THE LEGISLATURE OF THE FUTURE HONG KONG SAR MUST BE REPORTED TO THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS FOR THE RECORD. THE CHINESE SIDE MENTIONED THAT SUCH LAWS WOULD BE CONSIDERED NOT TO CONTRAVENE THE BASIC LAW IF THEY
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CONFIDENTIAL