Column 1

Item

Column 2

Enactment

Column 3

Amendment

1.

Pilotage Ordinance
(Cap. 84)

In section 6(1) and (2), repeal "Commonwealth citizen" and substitute "permanent resident of the Hong Kong Special Administrative Region".

2.

Ferry Services Ordinance
(Cap. 104)

In section 9, repeal "Commonwealth citizens" and substitute "individuals".

3.

Air Passenger Departure
Tax Ordinance (Cap. 140)

In paragraph 8(a) of the Second Schedule, repeal "British citizens, British Dependent Territories citizens or British Overseas citizens" and substitute "Chinese citizens or permanent residents of the Hong Kong Special Administrative Region or other residents in China".

4.

Registration of Persons
Ordinance (Cap. 177)

1. In section 1A, repeal the definitions of "British National (Overseas)" and "British National (Overseas) passport".
2. In section 3A, repeal "a British National (Overseas) passport,".

5.

Registration of Persons
Regulations (Cap. 177
sub. leg.)

1. In regulation 3A(3)(b), repeal "a British National (Overseas) passport,".
2. In the proviso to regulation 25, repeal "British National (Overseas) passports,".

6.

Matrimonial Causes
Ordinance (Cap. 179)

In section 49--

1. in subsection (1), repeal "who is a Commonwealth citizen, or whose right to be deemed a Commonwealth citizen depends wholly or in part on his legitimacy or on the validity of any marriage,";
2. repeal subsection (4).

7.

Marriage Ordinance
(Cap. 181)

Repeal section 41.

8.

Crimes Ordinance
(Cap. 200)

(a) In Part III, add before section 19--

"resident of the Hong Kong Special Administrative Region" (香港特別行政區居民) means--

1. a permanent resident of the Hong Kong Special Administrative Region; and
2. a person who is qualified to be issued with an identity card under the Registration of Persons Ordinance (Cap. 177) but has no right of abode in Hong Kong under the Immigration Ordinance (Cap.115).".

2. In section 20 (1)(a), repeal "Commonwealth citizenand "Commonwealth citizens" and substitute "resident of the Hong Kong Special Administrative Region" and "residents of the Hong Kong Special Administrative Region" respectively.
3. In section 23A, repeal the definition of "British national".
4. In section 23B(3), repeal "British national" and substitute "resident of the Hong Kong Special Administrative Region".
5. In section 23C(2)(b), repeal "British national" and substitute "Chinese citizen".

9.

Cross-Harbour Tunnel
Ordinance
(Cap. 203)

In section 6(1), repeal "Commonwealth citizens" and substitute "individuals who are ordinarily residents in Hong Kong".

10.

Public bus Services
Ordinance
(Cap. 230)

In section 8(1), repeal "Commonwealth citizens" and substitute "individuals who are".

11.

Merchant Shipping
(Prevention and Control of Pollution) Ordinance
(Cap. 413)

In section 5(2)(i), repeal everything after "who is a" and substitute "permanent resident of the Hong Kong Special Administrative Region; or".

12.

Civil Aviation Ordinance

(Cap. 448)

(a) In section 2(1), repeal the definition of "British national".

(b) In the proviso to section 6(1), repeal "British national" and substitute "Chinese citizen".

(c) In section 11(1)(b), repeal "British nationals" and substitute "Chinese citizens".

13.

Protection of Trading
Interests Ordinance
(Cap. 471)

(a) In section 2(1), repeal the definition of "British national".

(b) In section 5(2), repeal "British national" and substitute "permanent resident of the Hong Kong Special Administrative Region".

(c) In section 8(1)(a), repeal "British national" and substitute "permanent resident of the Hong Kong Special Administrative Region".

14.

Submarine Telegraph
Ordinance
(78 of 1996)

(a) In section 2, repeal the definition of "British national".

(b) In section 6(b), repeal "British national" and substitute "permanent resident of the Hong Kong Special Administrative Region".

15.

Outer Space Ordinance
(65 of 1997)

(a) In section 2(1), repeal the definition of "British national".

(b) In section 14(4) and (6), repeal "British national" and substitute "permanent resident of Hong Kong Special Administrative Region".

16.

Air Navigation (Hong Kong) Order 1995
(L.N. 561 of 1995)

(a) In Article 4(3), repeal paragraphs (a), (b), (c) and (d) and substitute--

"(a) the Central People's Government or the Government of the Hong Kong Special Administrative Region;

(b) Chinese citizens;

(c) permanent residents of the Hong Kong Special Administrative Region;

(d) bodies--

(i) incorporated in Hong Kong or other parts of the People's Republic of China or incorporated under the law of Hong Kong; and

(ii) having their principal place of business in Hong Kong or in other parts of the People's Republic of China.”.

(b) In Article 92--

(i) in paragraph (1)(d), repeal "Commonwealth citizens or British protected persons" and substitute "permanent residents of the Hong Kong Special Administrative Region or Chinese citizens";

(ii) repeal paragraph (2).

(c) In Article 98(1), repeal the definitions of "British national" and "The Commonwealth".

Column 1

Item

Column 2

Provision

Column 3

Amendment

1.

Part IA

(a) In the heading, add "and Right to Land in Hong Kong" after "Hong Kong".

(b) Add after section 2A--

"2AAA. Right to land in Hong Kong for former permanent residents

(1) Subject to subsections (2) and (3), any person who--

(a) immediately before 1 July 1997 was a Hong Kong permanent resident under this Ordinance as then in force but did not become a permanent resident of the Hong Kong Special Administrative Region upon the commencement of the Immigration (Amendment) (No. 2) Ordinance 1997 (122 of 1997) shall, immediately upon such commencement;

(b) is a permanent resident of the Hong Kong Special

Administrative Region but ceases to be such a permanent resident by virtue of the operation of this Ordinance shall, immediately upon such cessation, have the right--

(i) to land in Hong Kong;

(ii) not to have imposed upon him any condition of stay in Hong Kong, and anycondition of stay that is imposed on him shall have no effect; and

(iii) not to have a removal order made against him.

(2) If a deportation order is made against a person who has the right to land in Hong Kong under subsection (1), the right shall cease while the deportation order is in force.

(3) For the avoidance of doubt, it is declared that a holder of a permanent identity card defined in section 1A of the Registration of Persons Ordinance (Cap.177) whose permanent identity card could have been declared invalid under regulation 3D(1) of the Registration of Persons Regulations (Cap. 177 sub. leg.) on the ground that he has never had the right of abode in Hong Kong shall not have the right to land in Hong Kong under subsection (1).".

2.

section 7

(a) In subsection (1), add--

"(ab) he has the right to land in Hong Kong by virtue of section 2AAA; or".

(b) In subsection (2), add ", or does not have the right to land in Hong Kong by virtue of section 2AAA, "before"may not".

3.

section 7A

Repeal the section.

4.

section 9(1)

Add ", or does not have the right to land in Hong Kong by virtue of section 2AAA," before "arrives in".

5.

section 10(2)

Add "or has the right to land in Hong Kong by virtue of section 2AAA," before "be deemed".

6.

section 11

(a) In subsection (5), add ", or has the right to land in Hong Kong by virtue of section 2AAA," before "impose".

(b) In subsection (5A), add ", or has the right to land in Hong Kong by virtue of section 2AAA" after "Hong Kong" where it first appears.

(c) In subsection (7), add ", or have the right to land in Hong Kong by virtue of section 2AAA" after "Hong Kong".

7.

section 12

Add ", or does not have the right to land in Hong Kong by virtue of section 2AAA," before "to land".

8.

section 19(1)(b)(iia)

Add "or has the right to land in Hong Kong by virtue section 19(1)(b)(iia) of section 2AAA," before "has contravened".

9.

section 37B(1)

Add ", or have the right to land in Hong Kong by virtue of section 2AAA," before "to be".

10.

section 53A(1)

Add--

"(ab) he has the right to land in Hong Kong by virtue of section 2AAA; or".

11.

section 53D(1)(a)

Add--

"(ib) does not have the right to land under section 2AAA; and".

12.

section 56(1)(b)

Add "or has the right to land in Hong Kong by virtue of section 2AAA," before "and any".

13.

section 63A

Add--

"(ab) does not have the right to land in Hong Kong under section 2AAA;".

14.

Schedule 1

1. In paragraph 1(1), repeal the definition of "Chinese citizen" and substitute--
   ""Chinese citizen" (中國公民) means a person of Chinese nationality under the Nationality Law of the People's Republic of China, 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 dopted 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;".
2. In paragraph 4(2), repeal "7A applies" and substitute "2AAA applies in relation".
3. In paragraph 5(5), repeal "7A applies" and substitute "2AAA applies in relation".
4. Repeal paragraph 6(2) and substitute--

"(2) A person who is a Chinese citizen and was a Hong Kong permanent resident immediately before 1 July 1997 under this Ordinance as then in force shall, as from 1 July 1997, be a permanent resident of the Hong Kong Special Administrative Region as long as he remains a Chinese citizen.".

5. In paragraph 7--

1. in the heading, repeal "right of abode" and substitute "status as a permanent resident";
2. repeal "right of abode in Hong Kong" and substitute "status of such resident".