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Permanent residency and the right of abode

Following is the speech by the Secretary for Security, Mr Peter Lai, in the motion debate on permanent residency and right of abode in the Legislative Council today (Wednesday):

Mr President,

Having listen carefully to the Honourable Members' speeches on this debate, my impression is that all, or nearly all, would agree with the Honourable James To's Motion. The Administration also share the sentiment of this Motion.

Permanent resident status which carries with it the right of abode in Hong Kong has been the focus of public attention for some time. This is understandable. As the Basic Law defines permanent resident on a different basis from that of the current law, it is natural that Hong Kong people want to know how they are affected, and what will their future status be. There is, therefore, a real need for the discussions between the British and the Chinese sides to be concluded early and to make known any agreement to Hong Kong residents. We share Members' view that a clear picture of the way ahead on this matter will reinforce confidence in Hong Kong.

For the majority of Hong Kong people who are Chinese nationals with no other nationality status except the BDTC/BN(O) status, their position is clear. Under Basic Law Article 24, they will continue to be permanent residents of Hong Kong after 1997. Discussions with the Chinese side have also helped us to be clearer about the criteria for children of Hong Kong permanent residents who are of Chinese nationality, to have right of abode in Hong Kong after 1997. As a result, we are now able to phase in the entry of these children into Hong Kong over a period of a few years. For the ethnic minorities who have no right of abode elsewhere, the Basic Law has clearly provided for their continued right of abode after 1997,

As far as non-Chinese nationals are concerned, the Basic Law provides that they will have the right of abode in Hong Kong if they have entered Hong Kong with valid travel documents, have resided in Hong Kong for a continuous period of seven years, and have taken Hong Kong as their place of permanent residence. The precise application of this provision is the main issue under current discussion in the Joint Liaison Group.

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