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SCMP Reporter

January 29, 1999: Case of Ng Ka-ling.

Effect of Court of Final Appeal (CFA) ruling is that claimants with right of abode are not subject to mainland's quota system for entry into Hong Kong. No need for them to have a one-way permit issued by mainland authorities before being allowed to stay.

January 29, 1999: Case of Chan Kam-nga.

Effect of CFA ruling is that claimants born before either of their parents became permanent residents qualify for the right of abode under Article 24 of the Basic Law.

June 26, 1999: Reinterpretation of the Basic Law.

The National People's Congress Standing Committee says claimants with right of abode are subject to mainland quota system and must have a one-way permit before being allowed to stay. Claimants born before either of their parents became permanent residents do not have right of abode.

June 26, 1999: Government concession.

Those who arrived between July 1, 1997, and January 29, 1999, and who had claimed the right of abode in that time, will be allowed to have their status as permanent residents verified in line with the CFA ruling rather than the re-interpretation.

AT ISSUE: Article 24 of the Basic Law as it relates to Chinese citizens.

The permanent residents of the Hong Kong SAR shall be:

1. Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong SAR;

2. Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after the establishment of the Hong Kong SAR;

3. Persons of Chinese nationality born outside Hong Kong of those residents listed in categories 1 and 2.

These residents shall have right of abode in the SAR and are qualified to obtain permanent identity cards.



KEY POINTS IN RIGHT-OF-ABODE SAGA