A 140
Ord. No. 31/87
Hong Kong permanent residents enjoy right of abode in Hong Kong.
Amendment of
section 4.
4.
IMMIGRATION (AMENDMENT) (NO. 2)
"PART IA
RIGHT OF ABODE IN HONG KONG
2A. (1) A Hong Kong permanent resident enjoys the right of abode in Hong Kong, that is to say he has the right——
(a) to land in Hong Kong;
(b) not to have imposed upon him any condition of stay in Hong Kong, and any condition of stay that is imposed shall have no effect;
(c) not to have a deportation order made against him;
and
(d) not to have a removal order made against him.
(2) Notwithstanding subsection (1)(c), no person against whom a deportation order was made prior to 1 July 1987 enjoys the right of abode in Hong Kong unless the deportation order has expired or been revoked.".
Section 4(1) of the principal Ordinance is amended— (a) in paragraph (b) by inserting after "him" the following-
", or remains in Hong Kong without the permission of an immigration officer or immigration assistant in contravention of section 7(2)"; and
(b) by deleting paragraph (c).
5.
Section 5(4) and (5) of the principal Ordinance is amended by deleting "or (c)" wherever it occurs.
Amendment of section 5.
Amendment of section 7.
6.
Repeal and
section 8.
replacement of
Section 7 of the principal Ordinance is amended- (a) in subsection (1), by inserting before paragraph (a) the following-
"(aa) he enjoys the right of abode in Hong Kong; or"; and
(b) in subsection (2)—
7.
(i) by inserting after "does not" the following—
"enjoy the right of abode in Hong Kong, or does not”; and (ii) by inserting a comma after “section 8(1)”.
Section 8 of the principal Ordinance is repealed and replaced by the following-
"Resident
British citizens
and resident
United
Kingdom belongers have right to land in Hong Kong.
8.
(1) Subject to subsection (2), a resident British citizen or a resident United Kingdom belonger has the right-
(a) to land in Hong Kong;
(b) not to have imposed upon him any condition of stay in Hong Kong, and any condition of stay that is imposed shall have no effect; and
(c) not to have a removal order made against him.
3
Ord. No. 31/87
A141
IMMIGRATION (AMENDMENT) (NO. 2)
(2) If a deportation order is made against a resident British citizen or a resident United Kingdom belonger under section 20(4), the right to land under subsection (1) shall cease while the deportation order is in force.".
8.
Section 9(1) of the principal Ordinance is amended-
(a) by inserting after “does not" the following—
"enjoy the right of abode in Hong Kong, or does not"; and
(b) by inserting a comma after “section 8(1)”.
9.
Section 10(2) of the principal Ordinance is amended-
(a) by deleting "person" in the first place where it occurs and
substituting the following—
"serviceman";
(b) by deleting "ceased" wherever it occurs and substituting the
following
"ceases";
(c) by deleting "is a person who has the right to land in Hong Kong by
virtue of section 8" and substituting the following-
"enjoys the right of abode in Hong Kong, or has the right to land in Hong Kong by virtue of section 8(1)”; and
(d) in paragraph (b), by deleting "was" and substituting the
following-
"is".
10. Section 11 of the principal Ordinance is amended-
(a) in subsection (IA), by deleting "(c)" and substituting the
following-
(b) in subsection (5)---
"(b)";
(i) by inserting after "who" the following-
"enjoys the right of abode in Hong Kong, or"; and (ii) by inserting a comma after "section 8(1)";
(c) in subsection (5A), by inserting after “who” the following-
"enjoys the right of abode in Hong Kong, or"; and
(d) in subsection (7), by inserting after "who" the following—
"enjoy the right of abode in Hong Kong, or".
11. Section 12 of the principal Ordinance is amended-
(a) by deleting "an immigrant" and substituting the following-
"a person";
(b) by inserting after "does not" the following-
"enjoy the right of abode in Hong Kong, or does not"; and
(c) by inserting a comma after “section 8(1)”.
Amendment of section 9.
Amendment of section 10.
Amendment of
section 11.
Amendment of section 12.
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Private notes are available after approval.