ENT HOUSE HOND KUTO.
CONFIDENTIAL
as follows.
(a)
(b)
The matter is one of fact and all the circumstances of
the person concerned have to be examined.
The longer
The person must be resident in Hong Kong.
the period of residence, the more cogent the case
establishing the status of permanent resident. Whilst
all the circumstances of the person concerned have to
be considered, it would be reasonable for the Courts
to use the 7 years continuous residence as a general
guide, having regard to the prevalence of this test in
various instances in the legal context.
(c)
The residence must have the quality of permanence.
The use of the word "permanent" imports the notion of
the intention of the person concerned. He must reside
in Hong Kong with the intention of continuing to
reside here until death. See Re Gape (1952) 1 ch. 743
at 749 which concerned the construction of the phrase
"take up permanent residence in England" in a will.
(d)
Whilst the words are "permanent resident" and they
should not be equated with the concept of domicile in
the conflict of laws, the test for the acquisition of
a domicile of choice is the combination of residence
and intention of permanent or indefinite residence.
This is similar to (b) and (c) and the
(b) and (c) and the cases on the
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