TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 33

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

8

Article & Paragraph

Art. 31

11

Original English text

of the draft BL

... the freedom of entry and exit

18

Suggested text

" .. the freedom to enter or leave the Hong Kong Special Administrative Region ...

TE

Art. 36

#1

as prescribed by law

in accordance with law

"T

Remarks

We have commented separately that the freedom of entry into the SAR should be restricted to SAR permanent residents only. But on a purely translation point, the term

n 出入境自由

"

should be

translated as "the freedom to enter or leave the Hong Kong Special Administrative Region".

The term "as prescribed by law" can be interpreted to mean that the provision of various kinds of social welfare has to be stipulated in law. This departs from the current practice whereby certain kinds of social welfare are provided

through administrative

arrangements. In this context,

the term

10

11

依法 should be taken to mean "in compliance

Art. 38

Art. 40

#

safeguarded by the laws of

the Hong Kong Special Administrative Region."

"The legitimate traditional rights..."

protected by the laws of

the Hong Kong Special Administrative Region."

"The lawful traditional rights

PE

with law" or "in accordance with law".

Internal consistency in terminology.

Style

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