TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 18

8.

OUSE HONG KONG

CONFIDENTIAL

The following points should be noted from the legal context

in June 1991:

the in line with

Joint Declaration (a) The Basic Law

confers the right of abode on inter alia non Chinese nationals who have ordinarily resided in Hong Kong for a continuous period of not less than seven years and

have taken

taken Hong Kong as their place of

residence and provide that they may be employed as public servants except for certain senior posts.

permanent

renders the person

those based on race and nationality.

(b) The criteria in the Immigration Ordinance

right of abode (and also for the lesser right which

to deportation) to the person liable

for the

include

(c)

The Electoral Provisions Ordinance lays down a 7 year residential requirement for the right to vote except

for Hong Kong permanent

permanent residents

and

residential requirement for candidates.

10 year

The proper construction of the words "permanent residence" in Article 21 of the BOR is very much an open and a highly

debateable question.

The definition of right of abode

9.

In our opinion, a Court is unlikely to import directly into

the meaning of "permanent residence"

the definition of