I refer to the letter headlined, 'Seeking clear directive' (South China Morning Post, January 9), inquiring about the need for expatriates to be physically present in Hong Kong during the change of sovereignty in order to retain unconditional stay status in Hong Kong.
According to the present practice, with the exception of domestic helpers or workers admitted under the importation of labour schemes, foreign nationals who have continuously resided in Hong Kong for seven years or more may normally be granted unconditional stay status. Foreign nationals having this status do not require a visa to re-enter Hong Kong within 12 months of their last departure, and subject to no adverse records, they can continue to have unconditional stay status in Hong Kong.
When Hong Kong becomes a Special Administrative Region (HKSAR), the Basic Law will come into force. Under Article 154 of the Basic Law, the HKSAR Government may apply immigration control on entry into, stay in and departure from the region by persons from foreign states and regions.
The HKSAR entry policies will be determined by the HKSAR Government according to the circumstances of the day. However, the existing entry policies have served Hong Kong well and we do not see a need for any significant change after June 30, 1997. Another issue about which expatriates may be greatly concerned, is the right of abode in the HKSAR.
Under Article 24(2)(4) of the Basic Law, 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 HKSAR shall be permanent residents of the HKSAR and have the right of abode in the region.
On the residence requirement under Article 24(2)(4), the Preparatory Committee proposes that a non-Chinese national should have to prove that he has ordinarily resided in Hong Kong for a continuous period of seven years immediately before he makes the declaration of having taken Hong Kong as his place of permanent residence. The Preparatory Committee also proposes that after a non-Chinese national has acquired the right of abode on fulfilling all the criteria, he may lose this right if he leaves Hong Kong for a considerable period of time after July 1, 1997. The length of this period has not yet been determined.