TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 19

CÙNG KONG

10.

11.

right of

abode,

CONFIDENTIAL

whether

in

the

Basic Law

or

Joint

Immigration

Ordinance

for the

Declaration Or in the

following reasons.

First, the concept of right of abode is very different from

the concept of a permanent resident.

A person with the

right of abode in Hong Kong may not be a permanent resident

He could be a permanent or even a resident of Hong Kong. resident or a resident of a place outside Hong Kong.

Secondly, the right of abode definitions include criteria This is anathema to the BOR as is

of nationality and race.

evident from Article 1(1).

the Joint Declaration.

The Basic Law in line with the Joint

confers the right of abode on certain Chinese nationals.

Chinese nationality would

be

defined

according

to

the

Nationality Law of China which is one of the national laws

applied to Hong Kong by the Basic Law.

Annex

III.

We

understand

See Article 18 and

and

assume

that Chinese

Nationality Law has the criteria of Chinese race.

for the

The criteria in the Immigration Ordinance right of abode for Hong Kong permanent residents include criteria of race (Chinese race) and nationality (British Dependent Territories citizens and Commonwealth citizens). The Immigration Ordinance would be amended before 1997 bring it in line with the Joint Declaration and the Basic

1997 to

5