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Topical Issues

1. Right of Abode and other related terms

Right of Abode

The right of abode (ROA) in the Hong Kong Special Administrative Region (HKSAR) means :-

The right .....

	to land in the HKSAR;
	to be free from any condition of stay (including a limit of stay) in the HKSAR;
	not to be deported from the HKSAR; and
	not to be removed from the HKSAR.

Right to land

If a person loses his ROA, he will automatically acquire the right to land in the HKSAR.

The right to land (RTL) in the HKSAR means :-

The Right .....

	to land in the HKSAR
	to be free from any condition of stay (including a limit of stay) in the HKSAR; and
	not to be removed from the HKSAR.

Chinese citizen

"Chinese citizen" means a person of Chinese nationality under the Nationality Law of the People's Republic of China (CNL) (see Part 9), as implemented in the Hong Kong Special Administrative Region pursuant to Article 18 of and Annex III to the Basic Law and interpreted in accordance with the Explanations of Some Questions by the Standing Committee of the National People's Congress concerning the Implementation of the Nationality Law of the People's Republic of China in the Hong Kong Special Administrative Region (see Part 9) adopted at the 19th meeting of the Standing Committee of the National People's Congress at the 8th National People's Congress on 15 May 1996.

In other words ....

Persons who have Chinese nationality under the CNL include Hong Kong residents and former residents who are of Chinese descent and born in the Mainland of China or Hong Kong, notwithstanding that they hold, or have held Hong Kong British Dependent Territories Citizen passports, British National (Overseas) passports; or (subject to Part 6 below) any other foreign passports.

Settled

A person is settled in Hong Kong if :

	he is ordinarily resident in Hong Kong ; and
	he is not subject to any limit of stay in Hong Kong.

Ordinary residence

A person is ordinarily resident in Hong Kong if:

he remains in Hong Kong legally, voluntarily and for a settled purpose (such as for education, business, employment or residence etc.), whether of short or long duration.

A person does not cease to be ordinarily resident in Hong Kong if:

	he is temporarily absent from Hong Kong. The circumstances of the person and the absence are relevant in determining whether a person has ceased to be ordinarily resident in Hong Kong. The circumstances may include-
the reason, duration and frequency of any absence from Hong Kong; whether he has habitual residence in Hong Kong; employment by a Hong Kong based company; and the whereabouts of the principal members of his family (spouse and minor children).

A person shall not be treated as ordinarily resident in Hong Kong :

	during any period in which he remains in Hong Kong-
with or without the authority of the Director of Immigration, after landing unlawfully; or in contravention of any condition of stay; or as a refugee; or while in detention pending determination of refugee status or removal; or while employed as a contract worker, who is from outside Hong Kong, under a Government importation of labour scheme; or while employed as a domestic helper who is from outside Hong Kong; or as a member of a consular post within the meaning of the Consular Relations Ordinance; or as a member of the Hong Kong Garrison; or as a holder of a prescribed Central People's Government travel document; or
	during any period of imprisonment or detention pursuant to the sentence or order of any court.