XN000022-1984-10-10 — Page 4

WEDNESDAY, OCTOBER 10, 1984

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NO LOSS OF 'RIGHT TO LAND' IN HK

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PERSONS WHO HAD THE RIGHT TO LAND+ IN HONG KONG WOULD LOSE THAT RIGHT AFTER THEY HAD ACQUIRED A FOREIGN NATIONALITY, SECRETARY FOR SECURITY, THE HON DAVID JE AFFRESON, TOLD THE EGISLATIVE COUNCIL TODAY.

-RIGHT TO LAND+, UNDER THE HONG KONG IMMIGRATION ORDINANCE, WAS A ROUGH EQUIVALENT TO THE EXPRESSION RIGHT OF ABODE+ IN THE UK IMMIGRATION ACT, HE SAID.

+A PERSON WHO HAS THE 'RIGHT TO LAND' IS FREE FROM IMMIGRATION CONTROL AND MAY REMAIN IN HONG KONG FREE OF ANY LIMIT OR CONDITION OF STAY, HE SAID, IN REPLY TO A QUESTION BY THE HON CHAN YING-LUN.

MR CHAN HAD WANTED TO KNOW THE POLICY REGARDING THE +RIGHT OF ABODE+ OF HONG KONG RESIDENTS WHO RETURNED TO HONG KONG FROM A FOREIGN COUNTRY AFTER HAVING ACQUIRED THE NATIONAL ITY OF THAT COUNTRY.

MR JEAFFRESON EXPLAINED ALSO THAT PERSONS WHO HAD THE +RIGHT TO LAND+ UNDER THE IMMIGRATION ORDINANCE INCLUDED BRITISH DEPENDENT TERRITORIES (HONG KONG) CITIZENS, AND CHINESE RESIDENTS, (1.E. PERSONS WHOLLY OR PARTLY OF CHINESE RACE WHO HAVE AT ANY TIME BEEN ORDINARILY RESIDENT IN HONG KONG FOR A CONTINUOUS PERIOD OF NOT LESS THAN SEVEN YEARS).

IN PRACTICE, HE SAID, PERSONS COULD OBTAIN A RIGHT TO LAND+ ENDORSEMENT IN THE IR TRAVEL DOCUMENTS ENABLING THEM TO RE-ENTER HONG KONG FREELY.

CASE NOT HANDLED IN SATISFACTORY MANNER

XXX

AG

INVESTIGATIONS BY HIS CHAMBERS SHOWED THAT PROCEEDINGS AGAINST A MAN CHARGED IN APRIL LAST YEAR WITH POSSESSING DANGEROUS DRUGS HAD NOT BEEN HANDLED IN A SATISFACTORY MANNER, THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, TOLD THE LEGISLATIVE COUNCIL TODAY.

IN CONNECTION WITH THE CHARGE

AND AS A RESULT OF A SERIES OF MISHAPS+, THE MAN HAD SPENT ANOTHER 24 DAYS IN CUSTODY AND HAD LOST THE CHANCE OF RETAINING HIS JOB AS A STONEMASON, MR THOMAS SAID.

+ IT WAS AN ERROR THAT COULD, AND SHOULD HAVE BEEN SORTED OUT BY THE PROSECUTION, MR THOMAS TOLD THE COUNCIL.

HE WAS SATISFIED THAT THIS WAS A WHOLLY EXCEPTIONAL CASE WHERE A SERIES OF ERRORS AS UNFORTUNATE AS THEY WERE UNINTENDED, RESULTED IN INJUSTICE AND ECONOMIC LOSS+, MR THOMAS SAID,

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