TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 70

CCBL-SG/RCS/EXA-FRU2-870312(E)

1.

Introduction

the

This discussion paper is divided into four parts. The second part lists out the provisions on immigration control and the issuing of passports and travel documents under the Joint Declaration. The third part is a brief description of present immigration control in Hong Kong and the procedures required for different categories of persons applying for visas of entry into or exit from Hong Kong. The last part of the paper raises some major issues regarding immigration control of the SAR after 1997: procedures required for

persons applying to stay temporarily in the SAR, the quota for such application, coordination between the Central Government and the SAR regarding immigration of overseas persons to the SAR; whether the persons enjoying the right of abode in Hong Kong because they were bern of parents such right (as mentioned in the Joint Declaration) would be free from immigration control; and what kind of people can obtain the right of abode in Hong Kong by marriage?

overseas

2.

2.1

2.2

Provisions

on immigration control and the issuing of passports and travel documents under the Joint Declaration:

will

be

Clause (2), Para 3 of the Joint Declaration : "The Hong Kong Special Administrative Region directly under the authority of the Central People's Government of the People's Republic of China. The Hong Kong Special Administrative Region will enjoy a high degree of autonomy. except in foreign and defence affairs which are the responsibilities of the Central People's Government."

Clause (10). Para 3 :

develop

relevant

"Using the name of "Hong Kong, China", the Hong Kong Special Administrative Region may on its own maintain and economic and cultural

agreements with states, organisations.

relations and conclude

regions and relevant international

The Government of the Hong Kong Special Administrative Region may on its own issue travel documents for entry into and exit from Hong Kong.

Provisions on immigration control and the issuing of travel documents and passports in Annex I to the Joint Declaration:

2.2.1 Section XIV, Annex I:

"The following categories of persons shall have the right of abode in the Hong Kong Special Administrative Region, and, in accordance with the law of the Hong Kong Special Administrative Region. be qualified to obtain permanent issued by the Hong Kong Special Administrative Region Government. which state their right of abode:

identity

cards

1