TOMADU
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AA. RACIAL CRITERION IN HONG KONG LEGISLATION
Immigration Ordinance was amended in 1987 to codify concept of right of abode in Hong Kong, and to define persons who would enjoy that right.
In so doing, necessary to look forward to 1997 and to seek to include provisions which would meet Stipulations of JD. This pointed to a definition based partly on Chinese nationality, but inappropriate at this stage to include in Hong Kong legislation a concept which neither HMG nor Hong Kong Government is in a position to interpret.
HKG therefore decided to retain previous practice of referring to persons "wholly or partly of Chinese race".
As effect of amended legislation was to enhance rights of such persons, without adversely affecting rights of any other person, no question of discrimination.
References to persons "wholly or partly of Chinese race" in other Hong Kong legislation (eg Electoral Provisions Ordinance, Legal Practitioners Ordinance) are consequent upon amendment of Immigration Ordinance to introduce term "Hong Kong Permanent Residents" to include persons previously described as "Hong Kong Belongers" and "Chinese Residents".
(If pressed)
When Article 26 of International Covenant on Civil and Political Rights is read in conjunction with Article 12, and in particular with HMG's reservation to Article 12(4), clear that there is no question of discrimination.
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