[Note: Proposals released by the Government in September state that permanent residents could be prosecuted for crimes such as treason, secession, sedition and subversion, even if committed outside Hong Kong. Under widespread concerns, it was reported that the Government was now considering introducing a mechanism for foreigners to relinquish the status of permanent residency. At the same time, The Government confirmed in a LegCo Bills Committee meeting this Monday (18 November 2002) that there was no statutory provision for relinquishing permanent resident status at the moment. Below please see extract of the document.]

 

 

Chemical Weapons (Convention) Bill

Supplementary information on issues raised at the fourth meeting of the Bills Committee held on 24 October 2002

 

Members asked whether, and if so how, a permanent resident of the Hong Kong Special Administrative Region (HKSAR) might relinquish his permanent resident status;……

 

2. The Security Bureau has advised that:

 

(a)    a person who is within one of the categories listed in paragraph 2 of Schedule 1 to the Immigration Ordinance (Cap. 115)[1] is a permanent resident of the HKSAR. There is no statutory provision for relinquishing permanent resident status.


[1] Schedule 1 to the Immigration Ordinance (Cap. 115) states that:

 

2. Permanent resident of the Hong Kong Special Administrative Region

 

A person who is within one of the following categories is a permanent resident of the Hong Kong Special Administrative Region-

(a) A Chinese citizen born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region. (Replaced L.N. 192 of 1999. Amended L.N. 84 of 2002)

(b) A Chinese citizen who has ordinarily resided in Hong Kong for a continuous period of not less than 7 years before or after the establishment of the Hong Kong Special Administrative Region.

(c) A person of Chinese nationality born outside Hong Kong before or after the establishment of the Hong Kong Special Administrative Region to a parent who, at the time of birth of that person, was a Chinese citizen falling within category (a) or (b). (Replaced L.N. 192 of 1999)

(d) A person not of Chinese nationality who has entered Hong Kong with a valid travel document, has ordinarily resided in Hong Kong for a continuous period of not less than 7 years and has taken Hong Kong as his place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region.

(e) A person under 21 years of age born in Hong Kong to a parent who is a permanent resident of the Hong Kong Special Administrative Region in category (d) before or after the establishment of the Hong Kong Special Administrative Region if at the time of his birth or at any later time before he attains 21 years of age, one of his parents has the right of abode in Hong Kong.

(f) A person other than those residents in categories (a) to (e), who, before the establishment of the Hong Kong Special Administrative Region, had the right of abode in Hong Kong only.

 

……

 

7. Loss of the status as a permanent resident

 

A permanent resident of the Hong Kong Special Administrative Region loses the status of such resident only if- (Amended 28 of 1998 s. 2(2))

(a) being a person falling within the category in paragraph 2(d) or (e) has been absent from Hong Kong for a continuous period of not less than 36 months since he ceased to have ordinarily resided in Hong Kong; or

(b) being a person falling within the category in paragraph 2(f), has been absent from Hong Kong for a continuous period of not less than 36 months after he obtained the right of abode in any place other than Hong Kong and has ceased to have ordinarily resided in Hong Kong.