TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 20

LÀ BONG KONG.

CONFIDENTIAL

Law which as discussed above, have the criteria of race and

nationality.

12.

Thirdly, the BOR has various references to the concept of the right of abode. See Articles 8(4) and 9 and Sections 11 and 12. Yet, in Article 21, the Legislature chose the

words

resident". "permanent

If the

intended these words to

to mean

Legislature

had

persons with the right of

abode, the BOR would have simply said so.

13.

It is

Fourthly, the BOR is a constitutional instrument. the yardstick against which pre-existing and subsequent

See sections 3 and 4. It would be legislation is tested.

odd if the intention of the BOR is to define the concept of

permanent resident in Article 21 by reference to say, the Immigration Ordinance. The effect would be that the class of persons with the right to participate in public life

tied would be

to

and alterable

the by

Immigration

Whereas the position is that the BOR is the

to the

Ordinance.

overriding yardstick

against

which

subject

provisions of the BOR, the Immigration Ordinance has to be tested. Indeed, the Immigration Ordinance is

one of the

Ordinances mentioned in the Schedule and is subject to the

initial freeze period provided for in Section 14.

Ordinary meaning

14. In our opinion, the Court is likely to construe "permanent resident" .according to their ordinary meaning and to hold

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