TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 64

Problem

CONFIDENER

- 21

Preferred Redraft

Art. 30: This is the only article in Chapter III which sets out specific permitted

restrictions. Such restrictions

are not reflected in the

Covenants.

2(5) Persons under 21 years of age

born in Hong Kong of those

residents listed in category (4)

before or after the establishment

of the Hong Kong SAR if at the time of the birth each parent is

such a resident; and"

Suggest that the second sentence be

deleted.

Art. 31: This article is

defective on two counts:

(a) It is incorrect to extend

"freedom of entry" to all

residents as such a freedom

is the right of "permanent

residents" only.

Proposed redraft is as follows:

"Hong Kong residents shall have the

freedom of movement within the Hong Kong

SAR, and the freedom to travel and of

emigration to other countries and

regions. Unless restrained by law,

holders of valid travel documents shall

be free to leave the Hong Kong SAR

without special authorisation."

CONFIDENTAL

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