TNAG-2668-FCO40-3865-Hong-Kong-Civil-Service-1993 — Page 22

"HOUSE HONG KONG.

CONFIDENTIAL

application of this test could assist by way of

analogy. See Re Gape at 749, Dicey & Morris (11th

ed.) 128 ff.

(e)

Declarations by the person concerned that he intends

to reside in Hong Kong permanently when it is in his

interests to establish the status of "permanent resident" would not be of great weight. of Dicey &

Morris 138. What would be of greater weight would be his conduct in relation to his ties with the country from which he came and the extent to which they have

been severed.

(f) Whilst the criteria for the acquisition of the right

of abode is not imported directly by the words

"permanent resident", whether a person has the right

of abode (or the lesser right entitling him to remain

although liable to deportation in exceptional

circumstances) under present Hong Kong law and the

Basic Law is a relevant factor in considering whether

he is a permanent resident. If he does not have the

right of abode (or the lesser right), it may

practically be difficult for him to reside here

permanently.

(9) The effect of the above is that the meaning of

permanent resident is similar to the test in Article

Basic Law for the acquisition of the

24(4) of the Basic