TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 65

Problem

CONFIDENTUS

22 -

-

Preferred Redraft

(b) The third sentence falls

short of JD 167 whose

application is not confined

to HK residents.

(N.B. As drafted, the application of the

first sentence of the above draft

provision is confined to Hong Kong residents; though in fact the rights referred to may be enjoyed by all persons in the SAR. The

sane problem also exists in some other articles in Chapter III dealing with rights applicable to everyone but are expressed to apply

only to Hong Kong residents. We

propose that Article 41 be suitably amended to fill this gap. (See comment on Article 41 below.))

Permanent residents' freedom of entry into the SAR would be safeguarded by a provision in the Basic Law regarding "right of abode". See comments on

"Chapter III-others" below.

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