TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 55

CONFIDENTIAL

60

020557

MDHIAN 9336

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 794

OF 021115Z MARCH 90

2/3

HKCO12/3

12 MAR 1990

TRY

REGISTRY

Action Taken

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

TOP COPY Q DIST ?

34

OUR TELNOS 715 AND 739 : BASIC LAW: ARTICLE 24(4): FURTHER ACTION

1. AS FORESHADOWED IN SECOND TUR DARWIN CHEN, ACCOMPANIED BY BOSHER AND LING, MET ZHENG WEIRONG, ZHANG LIANGDONG AND ZHAO ZHANBIN TODAY, TO CONVEY OUR CONCERNS AT THE PRACTICAL DIFFICULTIES WHICH WILL BE CREATED BY THE REVISION TO ART. 24 WHICH HAS NOW BEEN ENDORSED BY THE BLDC. DURING A COMPREHENSIVE EXCHANGE, ZHENG MADE CLEAR THAT THE AMENDMENT HAD BEEN PROMPTED BY CHINESE ANNOYANCE AT THE DIRECTOR OF IMMIGRATION AGAIN EXERCISING HIS DISCRETION UNDER S. 11 OF THE IMMIGRATION ORDINANCE TO LEGALISE THE STAY OF VBPS IN HONG KONG UNDER THE LOCAL RESETTLEMENT SCHEME INSTITUTED IN 1986. THEY WERE PARTICULARLY ANNOYED BY THE FACT THAT WE HAD NEITHER INFORMED NOR CONSULTED THEM ON THE INTRODUCTION OF THE SCHEME IN THE CONTEXT OF THE JLG DISCUSSION ON RIGHT OF ABODE AND ITS ENDORSEMENT IN BN (0) PASSPORTS.

3. ZHENG WAS NEVERTHELESS AT PAINS TO REASSURE US THAT THERE WAS NO (NO) INTENTION OF DENYING RIGHT OF ABODE TO NON-CHINESE BORN IN HONG KONG (OR THE HONG KONG SAR) WHO WERE THE OFFSPRING OF LONG TERM RESIDENTS AND ABLE TO FULFILL THE OTHER RELEVANT ELIGIBILITY CRITERIA. HE EXPRESSED THE VIEW THAT IT WOULD BE A RELATIVELY STRAIGHTFORWARD MATTER TO PROVIDE FOR THIS CATEGORY BY AMPLIFYING PARAS. 2(4) OR 2(6) OF ART. 24 IN FUTURE LOCAL LEGISLATION IN SUCH A WAY AS TO MAKE CLEAR THAT SUCH PERSONS WOULD BE ELIGIBLE FOR THE RIGHT OF ABODE.

4. WE RESPONDED THAT IT WOULD NOT BE SAFE TO RELY ON SUCH A COURSE AS THE LOCAL LEGISLATION IN QUESTION COULD BE CHALLENGED IN COURT IF IT WERE THOUGHT TO BE INCONSISTENT WITH THE BL. ZHENG SEEMED TO TAKE THIS POINT AND AGREED TO CONSIDER THE ISSUE FURTHER.

5. WHILE WE DID NOT TAKE THE INITIATIVE TO SUGGEST A SOLUTION TO THE PROBLEM ZHAO ASKED BOSHER CASUALLY OVER LUNCH WHAT SOLUTION, IF ANY, WE HAD IN MIND. BOSHER REPLIED THAT WE WOULD PREFER THE AMENDMENT TO BE REMOVED BUT, IF THIS WERE NOT POSSIBLE, THE IMPORTANT THING WAS TO PROTECT THE INTERESTS OF THOSE BORN IN THE

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