TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 105

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

CONFIDENTIAL

- 11

000 GOVT HOUSE

HK

Article & Paragraph

Text in the draft BL

Art. 31

the freedom of entry and

exit

Art. 36

as prescribed by law

Art. 38

11

Art. 40

safeguarded by the laws of

the Hong Kong Special Administrative Region.

"The legitimate traditional rights

Suggested text

the freedom to enter or

leave the Hong Kong Special Administrative Region

in accordance with law

protected by the laws of the Hong Kong Special Administrative Region."

"The lawful traditional rights

The term

Remarks

出入境自由

should be translated as "the

"

freedom to enter or leave the

Hong Kong Special

Administrative Region". (We

have commented separately that the freedom of entry into the SAR should be restricted to SAR permanent residents only.)

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 legislation. This departs from the current practice whereby certain kinds of social welfare are provided through administrative

arrangements. In this context, the term 依法 " should be

π

taken to mean "in accordance with law".

Internal consistency.

To reflect the Chinese accurately.

LUNI NENTIAL

'89 10-26 11:20

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