File
HKD 340/4
RECEIV CYMADT/VS
Reference 1·5 JAN 1991
DESK OFFI INDEX
PA
Mr Fifoot
Legal Advisers
RIGHT OF ABODE IN HONG KONG FOR EXPATRIATES
1. Please refer to the attached press article and Mr Burn's question about expatriates' rights to residence in Hong Kong.
2.
As I understand the current position (and Vol 9 of the laws of Hong Kong is not with us at present), persons not of Chinese race or not born in Hong Kong are unable to obtain the right of abode in Hong Kong. Persons who have lived in Hong Kong continuously for 7 years or more can be granted the right to remain in Hong Kong ("right to land"). I do not think this "right to land" is terminated if the person leaves Hong Kong for a period.
3.
After 1997, in accordance with the Basic Law (Art 24 (4) and 24 (6)) and JD, persons not of Chinese nationality with 7 years of continuous residence etc will have right of abode. I believe Hong Kong are in the process of amending the Immigration Ordinance to reflect this.
4.
It therefore seems to me that the press article may not be factually accurate or may be only partially accurate. And of course post 1997, or as soon as Hong Kong change their law, right of abode will become fairly easy to achieve. But I would be very grateful for your advice on the current position.
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M Stone
19 December 1990
Hong Kong Department WH3 12
270 2651
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