TNAG-2941-FCO40-4217-Future-of-Hong-Kong-nationality-ethnic-minorities-1993 — Page 90

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7.2

7.3

7.4

Government by the then Foreign Secretary, Mr. Douglas Hurd, has given an

oral assurance that if any British nationals came under severe pressure to leave

Hong Kong, the Government of the day would consider with "considerable and

particular sympathy their case for admission to the UK".

Article 24 of the Basic Law guarantees the right of abode in the SAR to, inter

alia, "Persons not of Chinese Nationality who have entered Hong Kong with

valid travel documents, have ordinarily resided in Hong Kong for a continuous

period of not less than seven years and have taken Hong Kong as their place of

permanent residence before or after the establishment of the Hong Kong Special

Administrative Region;". This has been interpreted as creating a "continuing

domicile" test and if at any time a person ceases to take Hong Kong as his place

of permanent residence (which may be construed by actions such as obtaining

rights of residence overseas), he would lose his right of abode. There is a

considerable difference between the right of abode granted under Article 24 and

the rights and privileges attached to full citizenship. For example, in terms of

political rights in the future SAR, as stipulated in the Basic Law, or even in the

event of repatriation from a third country. The Joint Liaison Group has had

considerable difficulties establishing the criteria for "permanent residence".

In respect of the transmissibility of the BNO or BOC status this is limited.

The oral assurance is "neither adequate or realistic" (see the speech of the Hon.

Simon Ip, representative of the legal functional constituency in the Legislative

Council, during the motion debate on 18th November, 1992). The terms of the

assurance are vague and are, in any event, unenforceable. This will not prevent

the affected minorities leaving Hong Kong before 1997. These people cannot

reasonably be expected to wait until the day when they are pressurized to leave

Hong Kong before 1997.

INDIAN RESOURCES GROUP

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