LÀ BONG KONG.
CONFIDENTIAL
Law which as discussed above, have the criteria of race and
nationality.
12.
Thirdly, the BOR has various references to the concept of the right of abode. See Articles 8(4) and 9 and Sections 11 and 12. Yet, in Article 21, the Legislature chose the
words
resident". "permanent
If the
intended these words to
to mean
Legislature
had
persons with the right of
abode, the BOR would have simply said so.
13.
It is
Fourthly, the BOR is a constitutional instrument. the yardstick against which pre-existing and subsequent
See sections 3 and 4. It would be legislation is tested.
odd if the intention of the BOR is to define the concept of
permanent resident in Article 21 by reference to say, the Immigration Ordinance. The effect would be that the class of persons with the right to participate in public life
tied would be
to
and alterable
the by
Immigration
Whereas the position is that the BOR is the
to the
Ordinance.
overriding yardstick
against
which
subject
provisions of the BOR, the Immigration Ordinance has to be tested. Indeed, the Immigration Ordinance is
one of the
Ordinances mentioned in the Schedule and is subject to the
initial freeze period provided for in Section 14.
Ordinary meaning
14. In our opinion, the Court is likely to construe "permanent resident" .according to their ordinary meaning and to hold
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