TNAG-1618-FCO40-2226-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 171

G.F. 324

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6.

(£)

and

11

and Colonies prior to 1 January 1983. Under the present provision, these wives

children

can acquire "resident United Kingdom belonger status but will not enjoy the right to land in Hong Kong under section 8(1)(e). These definitional changes have no effect on their existing rights;

introducing

"Commissioner

new

of

definitions

of

Registration", "Registration of Persons Tribunal". "registration officer" and "identity in with proposed

card"

to tie

amendments to the Registration of Persons Ordinance; and

(g)

removing certain definitions which have become redundant because

of

the

deletion of the existing First Schedule.

13

Clause 3 introduces a new Part IA into the Ordinance to define the right of abode

abode in Hong Kong enjoyed by a Hong Kong permanent resident. The right of abode is defined as a combination of the following four elements

(a)

the right to land in Hong Kong;

(b)

the right not to have imposed upon him any condition of stay;

(c)

the right not to have a deportation order made against him; and

(d)

the right not to have a removal order made against him.

Sub-clause (2) of clause 3 preserves the validity of deportation orders made before 1 July 1987. This means that persons who are the subjects of deportation orders which are in force may not return to Hong Kong although they fall within the category to be accorded the right of abode in Hong Kong from 1 July 1987.

14

existing children

Clauses 4 and 5 refine the provisions for the immigration control of born in Hong Kong but who do not have the right to land. There is no change in substance.

15

Clauses 6 to 13,

16, 20 and 23 to 26 introduce consequential amendments throughout the Ordinance because of the introduction of the term "right of abode in Hong Kong" and a revised definition of "immigrant".

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