and undefined use of the new term "Hong Kong" judge side by side with the term "local"
judge leaves it wide open for a restrictive meaning to be applied later. All enquiries to date have revealed that the agreement referred to by the JLG in its communique has not
been committed to writing. Given the difficulties which have now arisen over the
implementation of a Treaty, the existence of an unwritten agreement can only be a recipe for uncertainty and misinterpretation in the future. Many of the provisions of the Basic Law remain to be clarified including those relating to the right of permanent
residence under Article 24. In whatever form it should be disclosed without delay.
The provisions of Article 24 àre complicated. Chinese Nationals who have been ordinarily resident in Hong Kong for 7 years will have the right of permanent residence. However, because of Chinese nationality law, dual nationality is not recognised. Hence, to gain the right of residence in Hong Kong, anybody with a foreign passport will have to show that he or she has taken Hong Kong as their place of permanent residence. This term has yet to be defined but many fear a restrictive interpretation of it, thus excluding all or most of the people who have a foreign passport irrespective of race or anything else. If the new term "Hong Kong' judge is introduced the means for manipulation is
obvious unless great care is taken now in defining what it means.
The announcement has met with rejection by the legal profession (see copies of the press release attached) and by the public' (see copies of articles by Margaret Ng,
Frank Ching and the South China Morning Post Editorial).
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