TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 17

CONFIDENTIAL

rfi

is to provide for the incorporation into the laws of Hong Kong of provisions of the International Covenant on Civic and Political Rights ("ICCPR") as applied to Hong Kong.

See section 2 (3).

Questions

5.

The questions which arise for consideration are:

(a)

What is the meaning of permanent residents?

(b)

the localisation policy

have the

effect

of

Having regard to (a), does the

Does it infringe Article 21? depriving some permanent residents of the right and opportunity without any of the distinctions in Article 1(1) and without unreasonable restrictions to

have

on

access,

service in Hong Kong?

general

of terms

equality, to

public

Permanent resident

Legal context

6.

At that time, The BOR came into force on 8th June 1991.

the legal context consisted of the Joint Declaration,

the

Basic Law, the Immigration Ordinance and

the Electoral

Provisions Ordinance.

A summary

of

their

relevant

provisions is at Annex 1.