TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 123

CONFIDENTIAL

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MDHIAN &.19

OF PRINCIPLE ON THERE BEING FULL CONSISTENCY BETWEEN THE TERMS OF THE BASIC LAW AND THOSE OF THE JOINT DECLARATION. WE ARE ALSO CONCERNED, IN THIS INSTANCE, AT THE PRACTICAL CONSEQUENCES OF THE CHANGE WHICH HAS BEEN MADE. AS NOW WORDED THIS ARTICLE WOULD DENY TO PERSONS WHO ARE NOT OF CHINESE NATIONALITY, WHO WERE BORN IN HONG KONG AND HAVE ORDINARILY RESIDED IN HONG KONG FOR AT LEAST SEVEN YEARS, THE RIGHT TO ACQUIRE RIGHT OF ABODE IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION EVEN THOUGH THEY WISH TO TAKE HONG KONG AS THEIR PLACE OF PERMANENT RESIDENCE. SIMILARLY, PERSONS UNDER 21 YEARS OF AGE WHO WERE BORN OF SUCH PERSONS IN HONG KONG COULD NOT, CONTRARY TO THE PROVISION IN THE JOINT DECLARATION, OBTAIN THE RIGHT OF ABODE IN THE HKSAR.

3. THE BRITISH SIDE BELIEVE THAT THIS REVISION TO PARAGRAPH 2(4) OF ARTICLE 24 OF THE BASIC LAW WOULD, IF RETAINED, DISCRIMINATE MOST UNFAIRLY AGAINST NON-CHINESE NATIONALS WHO HAVE BEEN BORN IN HONG KONG AND PERMANENTLY RESIDENT THERE SINCE BIRTH. IN PARTICULAR THEIR POSITION WOULD COMPARE UNFAVOURABLY WITH NON-CHINESE NATIONALS WHO COME TO HONG KONG ON VALID TRAVEL DOCUMENTS (AND WHO WOULD THEREFORE BE ELIGIBLE TO ACQUIRE RIGHT OF ABODE IN THE HONG KONG SPECIAL ADMINISTRATIVE REGION AFTER SEVEN YEARS OR ORDINARY RESIDENCE AND AFTER TAKING HONG KONG AS THEIR PLACE OF PERMANENT RESIDENCE) BUT WHO MIGHT HAVE A FAR LESS CLOSE PERSONAL CONNECTION WITH HONG KONG.

4 THE BRITISH SIDE THEREFORE VERY MUCH HOPE THAT THE CHINESE SIDE WILL RECONSIDER THIS MATTER. WE RECOMMEND REMOVAL OF THE AMENDMENT TO PARAGRAPH 2(4) OF ARTICLE 24 BEFORE THE BASIC LAW IS PROMULGATED BY THE NATIONAL PEOPLE'S CONGRESS. SHOULD THE CHINESE SIDE FEEL UNABLE TO AGREE TO THIS SUGGESTION, THE BRITISH SIDE WOULD URGE STRONGLY THAT CONSIDERATION BE GIVEN TO A FURTHER AMENDMENT OF THE PARAGRAPH TO OVERCOME THESE DIFFICULTIES. THE BRITISH SIDE HAVE IN MIND THE FOLLOWING ALTERNATIVE FORMULATION:

5.

''PERSONS WHO ARE NOT OF CHINESE NATIONALITY BUT WHO HAVE ENTERED

HONG KONG WITH VALID TRAVEL DOCUMENTS, OR WHO WERE BORN IN HONG KONG, AND HAVE ORDINARILY RESIDED IN HONG KONG FOR A CONTINUOUS PERIOD OF NO LESS THAN SEVEN YEARS AND HAVE TAKEN HONG KONG AS THEIR PLACE OF PERMANENT RESIDENCE BEFORE OR AFTER THE ESTABLISHMENT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION.

THE BRITISH SIDE WOULD BE HAPPY TO DISCUSS THIS PROPOSAL AND OTHER RELEVANT ISSUES FURTHER THROUGH DIPLOMATIC CHANNELS, IF THE

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