TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 13

right of abode after 7

years residence in Hong Kong

would be most unfair, particularly as their links to

would, in many cases, be stronger than their

the country in which they do have right of

Hong Kong

links to

abode.

We are also concerned that the amended para. 2(4)

of Article 24 has implication for children born to

parents who obtained their right of abode in the SAR

through para. 2(6). An example would be as follows : a

husband and wife who are non-Chinese nationals and who

had the right of abode only in Hong Kong before 1997

obtain right of abode in the SAR through para. 2(6) on

1 July 1997. They then have a child who is born in

Hong Kong.

As this child would not have entered Hong

Kong with a valid travel document, he could not obtain

right of abode under para. 2(4), nor would he be

eligible for this right under para. 2(5). The result

is that such children would not have right of abode

anywhere in the world.

Q8 Chinese view is that offspring born to persons covered

by para. 2(6) of Art. 24 can have right of abode in the

HKSAR by way of para. 2(4) or 2(5) of Art. 24.

A8

their

This would be the case if the Chinese side drop

to para. 2(4) or adopt the

proposed revision

alternative formulation proposed by the British side.