TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 132

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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(5) Persons under 21 years of age born in Hong Kong of those residents listed in category (4) before or after the establishment of the Hong Kong Special Administrative Region;

(6) Persons other than

other than those residents listed in categories (1) to (5) who, before the establishment of the Hong Kong Special Administrative Region, had the right of abode in Hong Kong only".

definition

is the same, in substance, 25 the

definition in Part XIV of Annex I to the Joint Declaration

(see paragraph 16 above) of those categories of person who

"shall have the right of aboda in the Hong Kong Special Administrative Region #

20.

Article 99 of the Basic Law provides :

"Public servants serving in all government departments of the Hong Kong Special Administrative Region must be permanent residents of the Region, except where otherwise provided for in Article 101 of this Law regarding public servants of foreign nationalities and except for those below a certain rank as prescribed by law.

Article 101 provides :

#The Government Of the Hong Kong Special Administrative Region may employ British and other foreign nationals previously serving in the public service in Hong Kong, or those holding permanent identity cards of

of the Region, to serve as public servants in government departments at all levels, but only Chinese citizens among permanent residents of the Region with no right of abode in any foreign country may fill the following posts : the Secretaries and Deputy Secretaries of Departments, Directors of Bureaux, Commissioner against Corruption, Director of Audit, Commissioner of Police, Director of Immigration and Commissioner of Customs and Excise.

10

CONFIDENTIAL

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