Ref: CB2/H/S/1/98

LC Paper No. CB(2)2137/98-99

Subject Matter	Points/Queries	Date of Special House Committee Meeting	Administration's Response in Annex
Options for resolving the issue of right of abode	Whether the Government would release its analysis on the legal aspects of the two options (i.e. amending the Basic Law and seeking an interpretation of the Basic Law) so as to allow the public, and the legal profession in particular, to give their views on these two options.	8 May 1999	A1
	The Government should provide separate assessment of the positive and negative impacts of amending, as well as seeking an interpretation of, the Basic Law on the rule of law and service provisions.	8 May 1999	A2
	What are the legal procedures involved in seeking an interpretation of the Basic Law from the Standing Committee of the National People's Congress (NPCSC), having regard to the Government's explanation given in the Provisional Legislative Council Brief on the Immigration (Amendment) (No.5) Bill 1997 that an interpretation from the NPCSC would need to be supported by local legislation.	10 May 1999	A3
	Why the Government now considers that seeking an interpretation of the Basic Law would be a quicker route than amending the Basic Law, given the Administration's view set out in the Provisional Legislative Council Brief on the Immigration (Amendment) (No.5) Bill 1997 that both options would take time.	10 May 1999	A4
	Whether, in the event of any party other than the courts of the Hong Kong Special Administrative Region asking the NPCSC for an interpretation of Articles 22 and 24 of the Basic Law, the NPCSC could take the opportunity to interpret other Articles of the Basic Law which in the view of the NPCSC require interpretation, such as Articles 17(2), 73(1), 39, 84 and 158(3) of the Basic Law.	10 May 1999	A5
	The Government had indicated prior to the Court of Final Appeal (CFA)'s hearing on 26 February 1999 that it would seek an interpretation of the Basic Law from the NPCSC. Why the Government subsequently changed its stand in the course of CFA's hearing.	10 May 1999	A6
	Whether the Government would request the NPCSC to interpret Article 17(2) of the Basic Law.	10 May 1999	A7
	Why the Government subsequently clarified during the Court of Final Appeal proceedings in January 1999 concerning the case of "Ng Ka-ling & others v. Director of Immigration" that it was not seeking a reference to the NPCSC under Article 158 of the Basic Law, when it had indicated at one stage of the proceedings that the Government would seek an interpretation of the Basic Law from the NPCSC.	15 May 1999	A8
	Whether the Government has been wavering in the handling of the right of abode issue, given that - (i) the Government's view in July 1997 that both options of amending the Basic Law or seeking an interpretation of the Basic Law from the NPCSC would take time, but it now considers that seeking an interpretation of the Basic Law would be a quicker route than amending the Basic Law; and (ii) the Government's indication at one stage of the Court of Final Appeal proceedings on the case of "Ng Ka-ling & others v. Director of Immigration" that it would seek an interpretation of the Basic Law from the NPCSC, but it subsequently took the position that it would not be seeking a reference to the NPCSC.	15 May 1999	A9
	Whether, in the interpretation of the Basic Law of the Hong Kong Special Administration Region, the Basic Law of Macau has any constitutional effect or reference value.	15 May 1999	A10
Survey conducted by the Census and Statistics Department	The Government should provide a detailed analysis on how the figures on persons newly becoming eligible for ROA given in the table in paragraph 3 of the paper on "Estimates of the number of Mainlands with Right of Abode in Hong Kong" were arrived at.	8 May 1999
The Administration's assessment of the implications on social and economic services with new arrivals from the Mainland of people who have been given the right of abode in the HKSAR by the ruling of the Court of Final Appeal.	The Government should provide an assessment of the positive impact of the arrival of eligible Mainland residents on the economy, given that some economists take the view that their arrival would stimulate the local economy.	8 May 1999
	How the arrival of 1.675 million eligible Mainland residents would impact the labour market and the wider economy of Hong Kong.	8 May 1999
	How many new jobs would be created as a result of the massive construction programme for building flats, schools, hospitals and other essential ancillary and related infrastructure facilities to cope with the intake of 1.675 million Mainland residents who are eligible for the right of abode (ROA).	8 May 1999

Legislative Council Secretariat
27 May 1999