TNAG-1618-FCO40-2226-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 178

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endorsement in BN(0) passports and C of

Is.

On

1 July 1997 people will acquire the right of abode in the Hong Kong SAR in accordance with the relevant provisions in Section XIV of Annex I to the Joint Declaration, copy at Annex D.

Reasons for not implementing fully the right of abode provisions in the Joint Declaration now

35

The immediate purpose of the proposed legislative amendments is to enable a right of abode endorsement to be included in BN(0) passports and C of Is. It is not necessary at this stage to bring legislation completely into line with the provisions relating to right of abode in the Joint Declaration. Furthermore, certain complex issues have to be addressed and resolved before legislation can be introduced to comply fully with Section XIV of Annex I to the Joint Declaration. These include

(a)

(b)

To ensure a

-

clarification of the position of ethnic Chinese "Hong Kong permanent residents" who are holding foreign passports, that is, whether or not they would be regarded as Chinese nationals for the purposes of Section XIV. This involves interpretation of

the

Chinese nationality law and the drafting of the Basic Law;

the possible immigration commitment arising from extending the right of abode to children born outside Hong Kong of Chinese nationals who will have the right of abode in Hong Kong as set out in the first category of Section XIV.

smooth transition, further legislative changes will be introduced before 1 July 1997 to bring the provisions regarding right of abode completely into line with those set out in the Joint Declaration. It is considered that a step-by-step approach would cause the least disruption and would

be conducive to a smooth transition.

Financial and staffing implications

36

The Immigration (Amendment) (No.2) Bill 1987 has no financial and staffing implications. As regards the Registration of Persons (Amendment) Bill 1987, the cost of implementing the new identity card issue scheme from 1 July 1987 is estimated at $563

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