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Legislation on Right of Abode
The following statement is issued by the Attorney General, Mr Jeremy Mathews:
"On 1 July 1997 the Basic Law of the Hong Kong Special Administrative Region will enter into force. The right of abode of permanent residents of the Region will be provided for under Article 24 of the Basic Law. Consistent with the proper interpretation of Article 24, the Legislature of the Region may enact legislation amending the Immigration Ordinance to provide in greater detail for the implementation of the Article. Although it is desirable for the amendments to enter into force on 1 July 1997, it is not essential for effective immigration control that they do so, provided they are enacted and enter into force within a short period of time. Before domestic legislation is enacted, the Director of Immigration can make her decisions in right of abode matters on the basis of the provisions of Article 24 of the Basic Law.
"If legislation to amend the Immigration Ordinance is enacted in a manner which raises a doubt as to the validity of the amending legislation, then it is inevitable that that point will be taken in any proceedings before a tribunal or court in which a person's status as a permanent resident is in issue. Whatever the outcome of such proceedings, until the proceedings and any appeal is finally disposed of, the state of the law in the vital area of immigration will be uncertain. From past experience we know that a significant proportion of judicial review cases each year relate to immigration matters.
"It may have been assumed from the Government's proposal to publish a White Bill that the Government has already prepared a draft bill which could be introduced into the Legislative Council or handed to the Chief Executive (Designate). That is not the case. The Government's proposal to the Chinese side was that a White Bill would be published by end May/early June. No bill in any form has as yet been drafted but a bill will be available for publication by 30 June 1997."
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