ING RONG.

CONFIDENTIAL

But the

right of abode for non Chinese nationals, namely 7 years ordinarily residence and taking Hong Kong as

their

place of permanent residence.

similarity arises not because that test is imported but as a result of the ordinary meaning given to the words of "permanent resident".

(h)

In

resident" 1

construing the words "permanent

references have been made to the Basic Law, both as

part of the legal context to the BOR and otherwise.

Although it is only operative on 1st July 1997, this

is justified. First, one is concerned with the notion

of permanence and this of course transcends 1997.

Secondly, the BOR is a dynamic constitutional

instrument which the Legislature must have

contemplated would continue into the future.

15.

If the above conclusion is right, an Englishman or a Malaysian who had resided in Hong Kong for over 7 years and can establish that he intends to reside here permanently would be a permanent resident within Article 21.

Whether localisation policy consistent with Article 21

16.

merits.

Overseas officers and local officers are treated equally for promotion to a higher rank. This is based solely on

Although overseas officers on permanent and pensionable terms may be directed to take early retirement, this is subject to compensation.

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