1.
-
KONG.
CONFIDENTIAL
Annex 1 (para.6 of Opinion)
Legal context in June 1991
2.5
The Joint Declaration (December 1984)
Annex I Article IV and Article XIV contain provisions relating to the public service and persons entitled to the
right of abode.
Article
IV provides that
the
Hong
Special
("HKSAR") Government may employ
Kong
Administrative Region
British and other foreign nationals previously serving in
and recruit British may recruit
the public service and may
other
foreign nationals holding permanent identity cards of the SAR to serve as public servants at all levels except the
most senior posts. The appointment and promotion of public
servants
shall be
on
the basis
of
qualifications,
experience and ability.
Hong Kong's previous system of
recruitment
provisions
etc. shall
providing privileged
be maintained save
for
arY
treatment for foreign
nationals.
Article XIV provides that the persons entitled to the right of abode and to permanent identity cards stating such in Hong Kong and right include Chinese nationals born Chinese nationals who have ordinarily resided in Hong Kong
for
and children
born
They also
7 a continuous period of years and outside Hong Kong of such Chinese nationals.