TNAG-1566-FCO40-2131-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 185

This covers

who have the right of abode only in Hong Kong before 1997.

virtually all BDTCs and their children in Hong Kong, unless they are

non-Chinese nationals, and have left Hong Kong permanently, and have right

of abode elsewhere (however that is defined under the laws of the

area concerned).

4.

PASSPORTS

5.

STATEMENT OF RIGHT OF ABODE

The right of abode in Hong Kong will be confirmed by means of permanent

identity cards which will be issued both before and after 1997. This will

enable an endorsement to be entered into the passport both before and

after 1997 which reads as follows:

"The holder of this passport has Hong Kong permanent

identity card no. (XYZ) which states that the holder

has right of abode in Hong Kong".

The object of this endorsement is to ensure that an individual need make use only of his BN (0) passport, without also having to produce his identity card, to satisfy immigration officers of third countries that he has the

right of abode in Hong Kong. The form of wording has been agreed with

the Chinese.

MEANING OF RIGHT OF ABODE

Hong Kong immigration provisions are set out in the Hong Kong Immigration Ordinance. That Ordinance does not currently contain the term "right of abode", although it provides for equivalent rights under other terminology (eg "right to land"). The Hong Kong Government intend to amend the Ordinance so as to replace these terms with the term "right of abode" as understood in the UK. The right of abode is a legal status which means that

those who have it (or its current equivalent) are exempt from Hong Kong

immigration control. They are free to live in and come and go into and from Hong Kong without obtaining the permission of an immigration officer. This includes BDTCs by virtue of a connection with Hong Kong. Insofar as

third countries are concerned, recognition of a person's right of abode

confirms their returnability to Hong Kong.

[If pressed]

Right of abode in the United Kingdom carries with it freedom from deportation

D5.2