TNAG-1618-FCO40-2226-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 195

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Annex

Supplementary Material

Reasons for not implementing fully the right of abode provisions in Section XIV

of Annex I to the Joint Declaration in the present legislative amendments

The three categories of persons qualified for right of abode in the HKSAR under Section XIV of Annex I to the JD can broadly be classified into those who are Chinese nationals and others who are non-Chinese nationals.

Chinese nationals : (indent 1)

Non-Chinese nationals : (indent 2 & indent 3)

get right of abode unconditionally

provided they were born in Hong Kong or have ordinarily resided in Hong Kong before or after the establishment of HKSAR for a continuous period of 7 years. or more, or are born outside Hong Kong of

Chinese nationals;

such

get right of abode if they meet the two criteria under indent 2 i.e. ordinarily resident in Hong Kong for 7 years or more and have taken Hong Kong as a place of permanent residence or if they fall under indent 3, i.e. that they had right of abode only in Hong Kong before the establishment of the HKSAR.

(1)

Implementation of Section XIV must first involve determining who is a Chinese national under the Chinese Nationality Law. The Chinese side had clearly indicated that they do not want the HKG to interpret the Chinese Nationality Law. (This question of "who is a Chinese national" is further complicated by the fact that in accordance with the Nationality Law of the People's Republic of China, any Chinese national who, of his own free will, has acquired a foreign nationality will automatically lose his Chinese nationality (Article 9) because

the

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