INTERPRETATION OF THE STANDING COMMITTEE OF THE NATIONAL PEOPLE’S CONGRESS ON CLAUSE 4 OF ARTICLE 22 AND CLAUSE 2 (3) OF ARTICLE 24 OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION BASIC LAW

(Adopted at the Tenth Meeting of the Standing Committee of the Ninth National People’s Congress on June 26, 1999)

    The Standing Committee of the Ninth National People’s Congress examined at its Tenth Meeting the “Proposal
Requesting for an Interpretation on Clause 4 of Article 22 and Clause 2 (3) of Article 24 of the Basic Law of the Hong Kong Special
Administrative Region of the People’s Republic of China” submitted by the State Council. The Proposal of the State Council was submitted
on the basis of the report submitted by the Chief Executive of the Hong Kong Special Administrative Region in accordance with the
provisions of Article 43 and Article 48(2) of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China. The issue raised in the Proposal concerns the interpretation of the relevant articles and clauses the Basic Law of the
Hong Kong Special Administrative Region of the People’s Republic of China by the Court of Final Appeal of the Hong Kong Special Administrative
Region in its judgment dated January 29, 1999. These relevant articles and clauses concern the affairs that are subject to the jurisdiction
of the Central Authorities and concern the relationship between the Central Authorities and the Hong Kong Special Administrative
Region. Before making its judgment, the Court of Final Appeal has not sought an interpretation of the Standing Committee of the National
People’s Congress in accordance with the provisions of Clause 3 of Article 158 of the Basic Law of the Hong Kong Special Administrative
Region of thee People’s Republic of China. However, the interpretation of the Court of Final Appeal is not consistent with the original
legislative intent. Therefore, having consulted the Committee for the Basic Law of the Hong Kong Special Administrative Region under
the Standing Committee of the National People’s Congress, the Standing Committee of the National People’s Congress has decided to
make, under the provisions of Article 67(4) of the Constitution of the People’s Republic of China and Clause 1 of Article 158 of
the Basic Law
of the Hong Kong Special Administrative Region of the People’s Republic of China, an interpretation on the provisions of Clause 4
of Article 22 and Clause 2 (3) of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic
of China as follows:

    1. The provisions of Clause 4 of Article 22 of the Basic Law of the Hong Kong Special Administrative Region
of the People’s Republic of China regarding “For entry into the Hong Kong Special Administrative Region, people from other parts
of China must apply for approval” mean that people from all provinces, autonomous regions, or municipalities directly under the Central
Government, including those persons of Chinese nationality born in the interior by Hong Kong permanent residents, who wish to enter
the Hong Kong Special Administrative Region for whatever reasons, must apply to the relevant authorities of their residential districts
for approval in accordance with the provisions of the relevant laws and administrative regulations of the State, and must hold valid
documents issued by the relevant authorities before they may enter the Hong Kong Special Administrative Region. It is unlawful for
people from all provinces, autonomous regions, or municipalities directly under the Central Government, including persons of Chinese
nationality born in the interior by Hong Kong permanent residents, to enter the Hong Kong Special Administrative Region without undertaking
the appropriate approval procedures in accordance with the provisions of the relevant laws and administrative regulations of the
State.

    2. The first three sub-paragraphs of Clause 2, Article 24 of the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China stipulates that: ” The permanent residents of the Hong Kong Special Administrative Region
shall be: (1) Chinese citizens born in Hong Kong before or after the establishment of the Hong Kong Special Administrative Region;
(2) Chinese citizens who have ordinarily resided in Hong Kong for a continuous period of not less than seven years before or after
the establishment of the Hong Kong Special Administrative Region; (3) Persons of Chinese nationality born outside Hong Kong of those
residents listed in categories (1) and (2)”. The provisions of Sub-paragraph 3 concerning “persons of Chinese nationality born outside
Hong Kong of those residents listed in categories (1) and (2)” mean that both or either of their parents, whether they themselves
were born before or after the establishment of the Hong Kong Special Administrative Region, must be persons meeting the requirements
stipulated in Sub-paragraph 1 or 2 of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the
People’s Republic of China at the time of their birth. The original legislative intent as stated by this Interpretation, and the
original legislative intent of other sub-paragraphs of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative
Region of the People’s Republic of China, have been reflected in the “Opinions on the Implementation of Article 24(2) of the Basic
Law of the Hong Kong Special Administrative Region of the People’s Republic of China” adopted at the Fourth Plenary Meeting of the
Preparatory Committee for the Hong Kong Special Administrative Region of the National People’s Congress on August 10, 1996.

    As from the promulgation of this Interpretation, the courts of the Hong Kong Special Administrative Region,
when referring to the relevant article or clauses of the Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China, shall adhere to this Interpretation. This Interpretation does not affect the right of abode in the Hong Kong Special
Administrative Region which has been acquired under the judgment of the Court of Final Appeal on the relevant cases dated January
29, 1999 by the parties concerned in the relevant legal proceedings. Moreover, the issue whether any other person meets the requirements
stipulated in Sub-paragraph 3 of Clause 2 of Article 24 of the Basic Law of the Hong Kong Special Administrative Region of the People’s
Republic of China shall be determined by reference to this Interpretation as a criteria.