A. The central provisions and the decisions below
Article 24(2)(4) of the Basic Law provides for the acquisition of permanent resident status by persons not of Chinese nationality as follows:
“The permanent residents of the Hong Kong Special Administrative Region shall be ...Persons not of Chinese nationality who have entered Hong Kong with valid traveldocuments, have ordinarily resided in Hong Kong for a continuous period of not less thanseven years and have taken Hong Kong as their place of permanent residence before or after the establishment of the Hong Kong Special Administrative Region.”
Section 2(4)(a) of the Immigration Ordinance (“the Ordinance”),
stipulates that certain categories of persons are not to be treated as “ordinarilyresident” in Hong Kong. They are therefore not eligible to acquire Hong Kong permanent resident status and ineligible for the right of abode:
For the purposes of this Ordinance, a person shall not be treated as ordinarily resident inHong Kong-(a) during any period in which he remains in Hong Kong-(i) with or without the authority of the Director, after landing unlawfully; or (ii) in contravention of any condition of stay; or (iii) as a refugee under section 13A; or (iv) while detained in Hong Kong under section 13D; or (v) while employed as a contract worker, who is from outside Hong Kong, under a Government importation of labour scheme; or (vi) while employed as a domestic helper who is from outside Hong Kong; or (vii) as a member of a consular post within the meaning of the Consular RelationsOrdinance; or (viii) as a member of the Hong Kong Garrison; or
Article 24(2)(5) addresses the position of the children of persons coming within Article24(2)(4).