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Alignment of the Immigration Ordinance

HKC 241 Sith Article 24(2)(5) of the Basic Law

RECEIVER

26 MAR 1992

DESK OFFICER

INDEX

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Article 24(2)(5) of the Basic Law confers the

right of abode on persons under 21 years of age born in

Hong Kong of those residents listed in Article 24(2)(4)

before or after the establishment of the Hong Kong Special

Administrative Region.

2.

As part of the process of aligning the existing

with the Basic Law, the British side

Immigration

Ordinance

wishes to clarify whether these persons will be able to

retain the right of abode in the HKSAR when they reach the

age of 21 without having to meet any further requirements.

Present Position

3.

Under

the existing Immigration Ordinance, a person

born in Hong Kong is a British Dependent

citizen

Territories

under the British Nationality Act 1981 and has the

right of abode in Hong Kong for life, if at the time of the

birth his father or mother has the right of abode in Hong

Kong or the status of unconditional stay here.

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