10
Explanatory Memorandum
The main object of this Bill is to amend the principal Ordinance by introducing the term "right of abode in Hong Kong" and according that right to "Hong Kong permanent residents" as defined. The Bill is comple- mentary to proposed legislative amendments to the Registration of Persons Ordinance (Cap. 177). Those latter amendments introduce a new permanent identity card which will state that the holder has the right of abode in Hong Kong. Such cards will be required for the inclusion of a right of abode endorsement in British National (Overseas) passports and certificates of identity to be issued from 1 July 1987.
2. Clause 2 of the Bill amends the principal Ordinance by inserting a new definition of "Hong Kong permanent resident" which in turn refers to the new First Schedule (clause 27). The definitions "Chinese resident" and "Hong Kong belonger" are combined to become the new definition "Hong Kong permanent resident" and consequently those 2 existing definitions are removed. The definition "immigrant" has been amended and means anyone who is not a "Hong Kong permanent resident". Certain other definitions have become redundant and are removed and the opportunity has been taken to revise others. The new definition "right of abode in Hong Kong" has been inserted and this refers to a new Part IA. (clause 3).
3. Clause 3 of the Bill adds a new Part IA to the principal Ordinance. This Part defines the right of abode in Hong Kong (enjoyed by a Hong Kong permanent resident) as the right to land, the right not to have imposed upon such person any condition of stay, and the right not to have a deportation order or removal order made against such person.
4. Clauses 4 to 13 and 16, 20 and 23 to 26 of the Bill make consequential amendments throughout the principal Ordinance because of the introduction of the term "right of abode in Hong Kong" and the amended definition of "immigrant".
5. Clauses 15, 21 and 22 of the Bill make consequential amendments to sections 17C, 53 and 53A respectively of the principal Ordinance because of proposed amendments to the Registration of Persons Ordinance (Cap. 177).
6. Clause 27 of the Bill replaces the existing First Schedule (which lists the categories of "Hong Kong belonger") with a new First Schedule (which lists the categories of "Hong Kong permanent resident"). All persons who are "Hong Kong belongers" or "Chinese residents" (as presently defined) will become "Hong Kong permanent residents" and enjoy the right of abode in Hong Kong.
7. Clause 28 of the Bill makes some consequential amendments to other enactments as a result of the introduction of the term "Hong Kong permanent resident".
8. The Bill has no Public Service staffing or significant financial implications.
1
No comments yet.
Private notes are available after approval.