Hong Kong Special Administrative Region of the People's Republic of China - Proposals to implement Article 23 of the BASIC LAW
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Our Ref.: LP 5066/2/23C
Your Ref.:
Tel. No.: 2867 4479

28 November 2002

The Editor
The Standard

Dear Sir,

I invariably enjoy the articles which you publish written by Stuart Wolfendale. His irreverent gibes at the expense of government can always raise a chuckle. However, in case his "Viewpoint" on 23 November 2002 was intended to be taken seriously, I would like to respond to his suggestions that "foreigners" are in some way targeted by the proposals to implement Article 23 of the Basic Law. Nothing could be further from the truth.

The government proposes that relevant offences should apply equally to everyone in respect of their actions in Hong Kong whether or not they are Chinese or Hong Kong Permanent Residents. In addition, it considers that, in respect of offences as serious as treason or the violent overthrow of the Government, Hong Kong Permanent Residents should be liable for their actions wherever they occur. Hong Kong Permanent Resident Status brings with it certain benefits, including a right of abode. It would be strange if someone could go overseas to plot the violent overthrow of the government and then insist on returning to Hong Kong with impunity.

However, some people have pointed out that, once acquired, the Hong Kong Permanent Resident Status is difficult to relinquish. Even if you leave Hong Kong permanently to emigrate or, for some of us "foreigners", to return to the home country you may retain your status and right of abode. In the event of hostilities this could have adverse consequences for the emigrant. His liability as a Permanent Resident could conflict with his duties to his new home country which might even demand his services in the armed forces. While the perceived problem of conflict of loyalties is not unique to Hon Kong, to ease concerns, the Secretary for Security is considering whether to introduce a mechanism whereby the status of Permanent Resident may be renounced. Initial reaction to this by some local consulates is positive.

Mr Wolfendale is, of course, free to object to the proposal. However, his suggestion that it is motivated by a desire to get rid of foreign nationals is absurd. Perhaps we were not meant to take it seriously. The SAR Government fully appreciate the important role played by expatriates in Hong Kong's success and welcomes their continuing contribution to all walks of life. Particularly journalism.

Yours faithfully,




(James O'Neil)
Deputy Solicitor General
Hong Kong Special Administrative Region


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Last Updated : 28-1-2003
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