HKC345.
14 SEP 1990
STRY
REGIS
moon tamen
му
minute to Mr
Stephenson of 14/9
refers.
Ms Major, HKD
6413/9 345/1
43
From:
Paul Fifoot
Legal Advisers
Date: 12 September 1990
UK/AUSTRIA VISA ABOLITION AGREEMENT: HONG KONG: YOUR MINUTE OF 10 SEPTEMBER
1.
The second half of the second sentence, and the third sentence, of paragraph 2 are correct and are substantially the answer to what I assume is the thought behind the question in paragraph 1(a). They are not, however, a comprehensive answer to the way in which paragraph 1(a) is formulated. There are possible exceptions (perhaps theoretical) to a proposition that the Chinese have agreed to a right of abode in Hong Kong for all BN (0)s after 1997 (eg a person adopted in Hong Kong but not resident there for seven years), and I think the possibility of such exceptions has widened by the insertion of the words "who have entered Hong Kong with valid travel documents" in Article 24 (4) of the Basic law.
2.
Nevertheless, it is certainly the case that a person is only entitled to become a BN (0) if he were a BDTC by virtue of paragraph 2 of the 1986 Order and a person who is a BDTC by virtue of that connection has a present right of abode in Hong Kong. Accordingly, if that is the only place where he has a right of abode, then whether or not he also falls within JD 158 or JD 159, the Chinese have accepted that he will have a right of abode in Hong Kong after 1997.
of
Paul Fifoot
3 PFABL
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