TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 129

000

GOVT HOUSE HK

Article

Problem

CONFIDENTIAL

pter III: Fundamental Rights and Duties of the Residents

Art. 24

(a) The definitions of

categories (3) and (5) of SAR permanent residents, though reflecting the relevant JD provisions (JD 158 and 159), are ambiguous. Such ambiguity may give rise to an interpretation which would result in a heavy

immigration commitment for the SAR.

14

Suggested Solution

Government of the Hong Kong SAR.

n

(a) Proposed formula:

"2(3) Chinese nationals born

outside Hong Kong after the establishment of the Hong Kong SAR if at the time of their birth each parent is a resident listed in category (1) or (2);

2(5) Persons under 21 years of

age born in Hong Kong of 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

Remarks

Channels :

J

- Legal experts meeting

Zheng Weirong

BLDC/BLCC interlocutors

JLG

Actions taken:

-

-

- (a) has been discussed in

the JLG and the legal experts channel;

- (b) and (c) have been

raised in the legal experts channel;

On (d). We have alerted the Chinese side of the problem identified. But we have not yet floated the proposed solution to them.

CONFIDENTIAL

'89 10-26 11:42