XN000022-1987-05-27 — Page 11

WEDNESDAY, MAY 27, 1987

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THE RIGHT OF THE THREE OTHER CATEGORIES OF PERSONS TO LAND WAS MADE EXPRESSLY SUBJECT TO SECTION 20(6) WHICH PROVIDED THAT THE RIGHT TO LAND SHOULD CEASE WHILE A DEPORTATION ORDER WAS IN FORCE AGAINST SUCH PERSONS.

UNDER THE AMENDMENTS PROPOSED IN THE IMMIGRATION (AMENDMENT) NO. 2) BILL 1987, THE STATUS OF HONG KONG BELONGER WOULD BE SUBSUMED IN THE NEW STATUS OF HONG KONG PERMANENT RESIDENT.

HONG KONG PERMANENT RESIDENTS WERE DEFINED ESSENTIALLY AS FORMER HONG KONG BELONGERS PLUS THE FORMER CATEGORY OF CHINESE RESIDENTS THAT WAS THOSE PERSONS WHO WERE WHOLLY OR PARTLY OF CHINESE RACE AND WHO HAD ORDINARILY RESIDED IN HONG KONG FOR A CONTINUOUS PERIOD OF NOT LESS THAN SEVEN YEARS.

+OUR IMMIGRATION LAW WILL THUS BE BROUGHT CLOSER TO THE PROVISIONS OF THE JOINT DECLARATION AS CLAUSE XIV OF ANNEX I THERETO SPECIFIES THAT A CHINESE NATIONAL WHO HAS ORDINARILY RESIDED IN HONG KONG FOR A CONTINUOUS PERIOD OF SEVEN YEARS OR MORE SHALL HAVE THE RIGHT OF ABODE IN HONG KONG,+ MR SWAINE EXPLAINED.

HE NOTED THAT UNDER THE PROVISIONS OF THE JOINT DECLARATION, A NON-CHINESE HONG KONG BELONGER WOULD NOT AUTOMATICALLY ENJOY RIGHT OF ABODE IN HONG KONG AFTER 1997 BUT MUST INSTEAD TRY TO QUALIFY UNDER CLAUSE XIV AS SOMEONE WHO HAD ORDINARILY RESIDED IN HONG KONG FOR A CONTINUOUS PERIOD OF SEVEN YEARS AND HAD TAKEN HONG KONG AS HIS PLACE OF PERMANENT RESIDENCE.

HE ALSO NOTED THE STATEMENT BY THE SECRETARY FOR SECURITY THAT THE BRITISH AND CHINESE GOVERNMENT HAD REACHED A COMMON UNDERSTANDING THAT THE WAY TO ESTABLISH THAT SUCH A PERSON HAD TAKEN HONG KONG AS HIS PLACE OF PERMANENT RESIDENCE WOULD BE BY SIGNING A SIMPLE DECLARATION.

UNDER THE BILL, RESIDENT BRITISH CITIZENS AND RESIDENT UK BELONGERS WOULD NOT HAVE THE STATUS OF HONG KONG PERMANENT RESIDENT AND THEY WOULD STILL BE LIABLE TO DEPORTATION.

+HOWEVER UNDER A NEW SECTION 8 WHICH I WILL MOVE AT THE COMMITTEE STAGE, THEIR RIGHTS WILL BE CLEARLY AND POSITIVELY SET OUT NAMELY (A) TO LAND IN HONG KONG (B) NOT TO HAVE IMPOSED UPON THEM ANY CONDITIONS OF STAY AND (C) NOT TO HAVE A REMOVAL ORDER MADE AGAINST THEM, HE SAID.

HE NOTED THAT THE LIABILITY TO DEPORTATION OF THIS CATEGORY OF PERSONS WOULD ARISE ONLY IF THE GOVERNOR IN COUNCIL DEEMED IT CONDUCIVE TO THE PUBLIC GOOD ON THE GROUND THAT THE DEPARTURE OF SUCH PERSON FROM HONG KONG WAS NECESSARY IN THE INTEREST OF THE SECURITY OF HONG KONG OR FOR POLITICAL REASONS AFFECTING THE RELATIONS OF THE BRITISH GOVERNMENT WITH ANOTHER COUNTRY.

/HE EXPLAINED