Madam President,

I move that the Adaptation of Laws (Nationality Related Matters) Bill be read the second time.

The object of this Bill is twofold.

First, the Bill adapts references to "British nationals", "British Dependent Territories citizen", "Commonwealth citizen" and "Commonwealth country" in the laws of Hong Kong. As the Hong Kong Reunification Ordinance does not specifically provide for the substitution of such references in particular contexts, it is necessary to adapt these references so that our legislation is consistent with the Basic Law and Hong Kong's status as a Special Administrative Region of the PRC. Without these adaptations the relevant provisions, drafted under the old constitutional arrangements, will not be able to give effect to the true legislative intent.

The proposed adaptations are listed in Schedule 1 to the Bill. In most cases, the reference is either repealed or replaced by the terms "permanent resident of the Hong Kong Special Administrative Region", "Chinese citizen" or "individuals". Schedule 1 covers the majority of such references in our legislation, except for a few cases where the Ordinances are subject to comprehensive review or repeal, or where the Ordinances relate to the operation of individual organisations.

Secondly, the Bill aims to amend the Immigration Ordinance with regard to the "right to land" status accorded to former Hong Kong Permanent Residents.

Subject to transitional provisions under the Immigration (Amendment) (No. 2) Ordinance passed by this Council and assented by the Chief Executive on 1 July 1997, a former Hong Kong permanent resident, upon losing the right of abode in Hong Kong, is conferred the "right to land". A person with such a right may enter, stay and work in Hong Kong freely.

While the definition of "right to land" is already provided for under the Immigration (Amendment) (No. 2) Ordinance, for the avoidance of doubt technical refinement is necessary to more explicitly express which provisions relate to persons with such a right. The proposed amendments are listed in Schedule 2 to the Bill.

It is proposed that this Bill be deemed to have come into operation on 1 July 1997, to tie in with the effective date of the interpretation principles stipulated in the Hong Kong Reunification Ordinance, which came into operation on that date. There are, however, two exceptions. The first is in areas involving criminal liability which will come into operation when the Bill is passed into law. This is in line with Article 15 of the International Covenant on Civil and Political Rights. The second exception is in items in Schedule 1 to the Bill relating to the issue of permanent identity cards to applicants for British National (Overseas) Passport. These items will come into operation at a later date upon notice in the Gazette in order to facilitate the issue of permanent identity cards to BN(O) passport applicants whose applications were submitted before the prescribed deadlines and the processing of which are still unfinished. Once these final few cases are processed, the relevant items will be accordingly adapted.

Madam President, this Bill is essential for ensuring clarity in our legislation with regard to references to "British national", "Commonwealth citizen" etc. It also ensures that former Hong Kong Permanent Residents' "right to land" is unequivocally provided for in the Immigration Ordinance. The Bill is therefore important for the smooth operation of the Hong Kong Special Administrative Region. I commend it to this Council for early passage into law.