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Briefly, we proposed, first, that with effect from the implementation date, British citizens coming to Hong Kong should have conditions imposed on their stay. Those coming for visits would enjoy a visa-free period of six months and be given visitor conditions, i.e. they cannot work, study or take up long-term residence in Hong Kong. British citizens coming to Hong Kong for employment, to establish or join in a business, to study or for settlement would need to apply for the appropriate visa. Secondly, the right to land status now enjoyed only by British citizens who have resided in Hong Kong continuously for seven years or more, should be abolished and replaced by the unconditional stay status. Thirdly, British citizens should no longer be subject to special removal and deportation arrangements. Fourthly, we proposed transitional arrangements whereby British citizens already residing in Hong Kong but are subject to a limit of stay should be able to continue to reside in Hong Kong without conditions until their limit of stay expires, after which the current policy applicable to foreign nationals should be used to assess their applications for extension of stay at that time. Finally, we also proposed that these changes should be implemented from a common date in advance of the change of sovereignty so as to allow time for those persons affected to adjust to the new arrangements.
Imposing conditions of stay on British citizens and requiring those who wish to come to Hong Kong to work, study or settle does not need legislative changes. At present, British citizens are exempted from conditions of stay and visa requirement by the Director of Immigration. By simply withdrawing this exemption administratively, the privileged treatment of British citizens in this respect will be removed. Abolishing the right to land of British citizens, replacing this right by unconditional stay and deleting the special removal and deportation arrangements of British citizens do require legislative changes, as the right to land and the special removal and deportation arrangements are provided for by law. To avoid confusion, however, we proposed that both legislative and administrative changes should be implemented from a common date.
The consultation period lasted for about two months. We put our proposals to the Manpower Panel of this Council, the British Chamber of Commerce, the General Chamber of Commerce, civil servants and other British citizen groups. We are also grateful to the British Trade Commission, which looks after the present and future interests of British nationals in Hong Kong, for helping with reaching out to British citizens from different walks of life.
We received considerable response on the proposed changes during the consultation period. Most of the respondents from the British community accepted the need for such changes. The majority of their concerns centred around the implementation of actual changes and adjustments which British citizens living here would face. To address their concerns, we have fine-tuned the transitional arrangements to avoid disruption to their normal life in Hong Kong as much as possible.