TNAG-2645-FCO40-3838-Right-of-abode-in-Hong-Kong-1992 — Page 6

CODE 18-77

Sur

PF Ricketts ckett's

CONFIDENTIAL

Mr Bught

Helpful.

CALL ON SHIU SIN POR BY MR PAUL

1.

HKD341/2

Reference

JD 158/1591

Right of Abode in k

Echalks 1ME

Mr Burns asked for some clarification on the point in Mr Paul's record about the basic law provisions on right of abode the "political time bomb".

2. I believe Mr Shiu is referring to the familiar problem which we refer to in JLG meetings as "JD 158/159". These Articles (and Article 24 of the Basic Law, which enshrines their provisions in Chinese law), provide that permanent residents of the HKSARG shall include "persons of Chinese nationality born outside Hong Kong of "

Chinese

citizens who have permanent residency in Hong Kong. This would mean for example that children born in China of, say, Hong Kong lorry drivers who have married local village women, will have automatic permanent resident status in Hong Kong. Previously these people and their mothers would have had to wait in the immigration queue to enter Hong Kong (some 30,000 family reunion applicants immigrate from China each year.)

M

3. While Article 22 of the Basic Law retains an

emigration/immigration control provision (applicants from China must apply to the CPG authorities for approval, and the numbers of people permitted to settle in Hong Kong will be determined by the CPG "after consulting the Government of the Region") Article 22 does not at present clearly apply to those children specified in Article 24.

4.

The Hong Kong Immigration Department spotted the worrying immigration implications of JD 158 and 159 quite soon after the Joint Declaration was signed. We have repeatedly raised the problem of interpretation of these Articles (and subsequently of Article 24 of the Basic Law), in the JLG forum for at least the last 4 years. The Chinese have been sympathetic to Immigration Department's problems but have not indicated that they will resolve them. If it is true that the Macau Basic Law was amended to close a similar loop hole, as Mr Shiu claims, this could provide a possible way forward

But Mr Bunten (with whom I discussed this matter) has pointed out that from a Chinese perspective, there is little to be gained and much to be lost. If they are seen to amend the Basic Law to restrict the right of Hong Kong people to bring in their relatives from China they will upset people in China and Hong Kong. If it proves to be a problem after 1997 the HKSAR Government can take the blame for any tightening up that is necessary.

Jikonin

J Morris

18 February 1992

cc: Mr Bunten

JM1ABV

SLM

HKD 341/5

CONFIDENTIAL

5 MAR 1992

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and úd fel av. bed precedent from their Point of view