XN000022-1995-03-22 — Page 23

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Right of abode

Following is a question by Dr the Hon Leong Che-hung and a written reply by the Secretary for Security, Mr Peter Lai, in the Legislative Council today (Wednesday):

Question:

Will the Government inform this Council:

In its response to the Legislative Council's motion debate on full British citizenship for all British Dependent Territories Citizens (BDTC)/British National (Overseas)(BNO) passport holders in Hong Kong, the British Government stated that the Joint Declaration enabled all Hong Kong BDTCs to retain the right of abode in Hong Kong. In this connection, will the Administration seek elucidation to ascertain :

(a)

(b)

whether BDTC passport holders who also possess Canadian or Australian passports can retain the right of abode in the territory after 1997, taking into consideration that Britain, Canada and Australia allow dual nationality but China does not; and

if the answer to (a) is in the negative, whether there are or will be two categories of BDTC/BNO passport holders, one with the right of abode in Hong Kong, and the other without?

Reply:

Mr President,

Section XIV of Annex I to the Joint Declaration and article 24 of the Basic Law provide that persons not of Chinese nationality shall subject to certain conditions be granted the right of abode. The answers to the Honourable Dr C H Leong's sequential questions therefore depend crucially on the precise way in which these provisions are to be implemented. We are seeking clarification from the Chinese side, in the context of our wider discussion in the Joint Liaison Group on the "right of abode" issue.

End/Wednesday, March 22, 1995