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What 'permanent resident' really means

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SCMP Reporter

I REFER to the letter headlined, 'Outstanding case of discrimination' (South China Morning Post, October 7), from Dr Samuel P.W. Wong, expressing concern about permanent residency for non-Chinese foreign residents in Hong Kong before and after 1997.

As Dr Wong has rightly pointed out, a person who is allowed to remain in Hong Kong permanently does not necessarily have the right of abode in Hong Kong. In this connection, it will perhaps be useful for me to explain in some detail the difference between them.

Under the existing Immigration Ordinance, Hong Kong permanent residents have the right of abode in Hong Kong. This includes the right to land in Hong Kong, not to have imposed upon him any condition of stay and not to have a deportation order or a removal order made against him.

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Persons who qualify to become Hong Kong permanent residents are not confined narrowly to persons of Chinese race. Indeed, the term 'Hong Kong permanent resident' is defined in the Immigration Ordinance to mean: (a) Persons wholly or partly of Chinese race who have at any time been ordinarily resident in Hong Kong for a continuous period of not less than seven years.

(b) British Dependent Territories citizens (BDTCs) having a connection with Hong Kong (for example, by birth, naturalisation or registration in Hong Kong), or who have at any time been married to such a citizen.

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(c) Commonwealth citizens who immediately before January 1, 1983 had the right to land in Hong Kong as a Hong Kong belonger.

While the right of abode cannot be acquired by persons who do not belong to those mentioned above, they may be granted unconditional stay after completing seven years' residence in Hong Kong.

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