"HOUSE HONG KONG.
CONFIDENTIAL
application of this test could assist by way of
analogy. See Re Gape at 749, Dicey & Morris (11th
ed.) 128 ff.
(e)
Declarations by the person concerned that he intends
to reside in Hong Kong permanently when it is in his
interests to establish the status of "permanent resident" would not be of great weight. of Dicey &
Morris 138. What would be of greater weight would be his conduct in relation to his ties with the country from which he came and the extent to which they have
been severed.
(f) Whilst the criteria for the acquisition of the right
of abode is not imported directly by the words
"permanent resident", whether a person has the right
of abode (or the lesser right entitling him to remain
although liable to deportation in exceptional
circumstances) under present Hong Kong law and the
Basic Law is a relevant factor in considering whether
he is a permanent resident. If he does not have the
right of abode (or the lesser right), it may
practically be difficult for him to reside here
permanently.
(9) The effect of the above is that the meaning of
permanent resident is similar to the test in Article
Basic Law for the acquisition of the
24(4) of the Basic