HONG KONG.
is
hot
CONFIDENTIAL
viable argument. The favourable terms are in
effect monetary.
counterbalance
employment.
They are different in kind and could not
the
unfavourable lack of security of
pistinction mentioned in Article 1(1).
21.
CSR 115(1) lays down the criteria for overseas status. In
essence, these criteria distinguish between (i) a person
whose ties are outside Hong Kong, China or Taiwan who would
have overseas status and (ii) a person whose ties are
within who would have local status. In our opinion, a
Court is likely to hold that these criteria introduce (a)
a
distinction
of
alternatively,
a
national Or social origin or (b)
distinction which in substance is
predominately that of race.
These
distinctions
are
prohibited by Articles 1(1) and 21.
Unreasonable restrictions
22.
Article 21 provides that the right and opportunity provided
for permanent residents therein is to be without any of the
distinctions in Article 1(1) and without
restrictions. In our opinion:
unreasonable
(a) The word and is used. As a matter of construction, a
distinction which infringes Article 1(1) ipso facto
cannot be a reasonable restriction.
13
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