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Topic: Right of abode


In the News (Mon 13 Feb 12)

  
  Right of abode - Wikipedia, the free encyclopedia
Generally, in order to have the right of abode in a certain country, a person must be a citizen of that country.
All British citizens have the Right of Abode in the United Kingdom.
In addition, Right of Abode is conferred on certain Commonwealth citizens and British subjects born before 1983.
en.wikipedia.org /wiki/Right_of_abode   (670 words)

  
 Right of abode issue, Hong Kong - Wikipedia, the free encyclopedia
The debate erupted on 29 January 1999, when the Hong Kong Court of Final Appeals ruled that the children of parents who have the right of abode in Hong Kong also have the right of abode, irrespective of whether their parents were permanent residents at the time of their birth.
Those with the right of abode would be allowed to live, work, and vote without restriction in Hong Kong, and is considered desirable by many in neighbouring areas as the territory's quality of life is the highest in the region.
The right of abode in Hong Kong is almost identical in nature to citizenship, however the right of abode in Hong Kong confers no legal status in mainland China, while citizens of Hong Kong who are eligible for Hong Kong passports must also be citizens of China and ethnically Chinese.
en.wikipedia.org /wiki/Right_of_abode_issue,_Hong_Kong   (2016 words)

  
 Right of Abode II
Right of Abode II The Right of Abode
When passed, the Right of Abode would be divided to reflect the interests of two separate groups of Africans living in the Diasporas, those taken into slavery and those Ghanaians who left of their own free will.
In short, the Right of Abode is a carrot on a stick for starved Africans living abroad, seeking an inkling of hope.
www.info-ghana.com /right_of_abode_ii.htm   (1627 words)

  
 Country Reports on Human Rights Practices for 1999 - Hong Kong   (Site not responding. Last check: 2007-09-15)
Human rights groups have called repeatedly for a more independent monitoring body, noting long delays in hearing some allegations, the contrast between the relatively large number of complaints and the few that are substantiated, and the unwillingness of witnesses to substantiate complaints to the police for fear of retribution.
Two additional right of abode cases, one dealing with the rights of adopted children and the other with mainlanders who sought to exercise their right of abode without mainland-issued documents permitting them to remain in Hong Kong were heard by the Court of Final Appeal in October.
Residents' right to change their government is limited by voting regulations that provide for the election of the Chief Executive by an appointed selection committee of 400, the direct election of only a limited number of Legislative Council members, and the addition of appointed members to the elected district boards and municipal councils.
www.usemb.se /human/human1999/hongkong.html   (11215 words)

  
 JURIST Hong Kong - Hong Kong law, legal research, human rights
Human rights and lawyers' organizations long have expressed concern that these exceptions to the Court of Final Appeal's power of final adjudication and this interpretation mechanism could be used to limit the independence of the judiciary or could degrade the courts' authority.
In the controversial 1999 right of abode case the Government, which had lost the case in the Court of Final Appeal, asked the court to clarify its decision.
In several right of abode cases before the Court of Final Appeal during the year, the Government argued that the Court should seek an NPCSC interpretation of relevant Basic Law provisions, but did not seek one itself when the Court declined to do so, even in the one case that it lost.
jurist.law.pitt.edu /world/hongkong.htm   (1124 words)

  
 The Right of Abode Cases
The second right of abode case marked the complete capitulation of the CFA and represented a failure both in jurisprudence and in imagination.
By ruling that the Article 24(3) right of abode is limited to mainland children born of Hong Kong parents who were Hong Kong residents at the time of the child's birth, the NPCSC actually modified law rather than interpreted it.
The right of abode cases show the dynamics of the development of Hong Kong's constitutional order to be the result of the internal tension between two different but closely intertwined systems.
www.oycf.org /Perspectives/10_022801/right_of_abode_cases.htm   (5734 words)

  
 The Right of Abode Cases: The Basic Law on Trial (Part I)
In response, legislation was proposed to restrict the rights of such persons by an additional requirement that one of their parents must have been a permanent resident at the time of their birth.
This retroactive deprivation of the right of abode by administrative means triggered a number of test cases in court, which eventually came before the CFA in the case of Ng Ka Ling v.
The CFA affirmed that the right of abode was a core right under the ICCPR.
www.oycf.org /Perspectives/9_123100/right_of_abode_cases.htm   (3358 words)

  
 Immigration and Nationality Directorate | Right of abode
New applications for the right of abode are currently taking around six to eight weeks to process in straight-forward cases.
The law covering the right of abode in the United Kingdom is contained in the Immigration Act 1971, the British Nationality Act 1981 and the regulations made under them.
4.1 A certificate of entitlement to right of abode in the United Kingdom is a gummed sticker that is fixed in a valid passport.
www.ind.homeoffice.gov.uk /applying/rightofabode   (2047 words)

  
 Hong Kong SAR - Migration in 2000
Claimants sought the right to abode on the basis of the 29 January 1999 Court of Final Appeal ruling instead of Beijing’s 26 June 1999 interpretation of the Basic Law.
In the meantime the Court ruled that adopted children did not have the right of abode and had to return to the mainland.
However, as the High Court ruled in December 1999 that children born in Hong Kong have the right of abode even if their parents do not, babies born to women staying illegally in Hong Kong to give birth rose by 47 percent in the first two months of the year.
www.scalabrini.asn.au /atlas/hongkong00.htm   (808 words)

  
 Statement by Human Rights Watch to the Senate Foreign Relations Committee East Asian and Pacific Affairs Subcommittee ...
Children whose parents did not have the right of abode in Hong Kong at the time of their birth but who subsequently acquired that right.
It upheld the Hong Kong government's restrictive interpretation of the right of abode of mainland children, limiting it to those, who at the time of their birth, had at least one parent who was already a permanent Hong Kong resident.
The key issue from a human rights perspective is not the right of abode per se.
hrw.org /english/docs/1999/07/01/china5753.htm   (1196 words)

  
 Colloquium of International Law | Abstract
Furthermore, in relation to the category of permanent residents by descent, in paragraph 2(c), the No. 2 Immigration (Amendment) Ordinance (“No. 2 Ordinance”) stipulates the requirement that the parent had the right of abode in Hong Kong at the time of the birth of the person.
She, too, is a Chinese national born outside Hong Kong whose father was at the time of her birth a permanent resident within the second category in Article 24(2).
It is only when the person concerned holds a one way permit affixed with a certificate of entitlement that his permanent resident status could be established and, until so established, he shall be regarded as not enjoying the right of abode.
www.kentlaw.edu /jicl/abstracts/archive/ngkaling.html   (1930 words)

  
 Right of Abode : The Solution
The CFA gave a judgment on the right of abode (ROA) of Mainland persons on 29 January 1999.
If we revoke the rights of people who are entitled to ROA under the CFA judgment, the Government will be criticised for acting wrongly in not paying compensation now that it has accepted the CFA judgment as correct.
The clarification is crucial because the majority of the enormous additional population eligible for ROA in Hong Kong were born at a time when neither of their parents had acquired the status of Hong Kong permanent residents.
www.info.gov.hk /gia/general/199905/18/0518132.htm   (3825 words)

  
 UK Right of Abode   (Site not responding. Last check: 2007-09-15)
Having a UK right of abode entitles you to full rights to reside in the UK just like a British citizen.
That means you are free to leave and enter the UK on proof you have this right.
Please note that if your parents are unmarried, then the right of abode application can only be considered on your mother’s side.
www.london-life-guide.com /uk-right-of-abode.html   (188 words)

  
 Asian Migration News, 15 May 1999
Thirty overstaying mainlanders claiming right of abode have ended the 24-hour hunger strike they staged before the government headquarters in Central after Chief Executive Tung Chee-hwa told them it would be better to resolve their problems through discussions.
She also projected that providing the medical needs of the estimated 1.67 mainlanders with right of abode in the SAR would mean the construction of 11 new hospitals, costing HK$26 billion, on 44 hectares of land.
The human rights group pointed out that "ethnic minority groups were used as forced labor...and trade union rights were non-existent" in the country, thus, it is ironic for the ASEAN member-states to discuss labor rights there.
www.smc.org.ph /amnews/amn990515.htm   (5313 words)

  
 Visa Section - Certificate of Entitlement to the Right of Abode
The right of abode means that you are entirely free from United Kingdom Immigration Control.
A certificate of entitlement is a sticker put into your passport to show that you have the right of abode in the United Kingdom.
For dependants: If you qualify for a Certificate of Entitlement to the Right of Abode, your spouse and children under 18 or your partner may be admitted to the UK with you provided they have an entry clearance for this purpose.
bhc.britaus.net /Visas/visadefault.asp?id=274   (537 words)

  
 DSPs Chapter 3 UKvisas
Where persons entered on the same passport have the right of abode under different parts of the Act, a separate Certificate should be issued in respect of each of them.
If a married woman lost her CUKC status on independence, she may still have a claim to the right of abode under Section 2(2) of the Act if, as a Commonwealth citizen, she has at any time been married to a person who, at the time of the marriage, had the right of abode.
A person could have the right of abode under Section 2(1) (a), (b) or (c) immediately prior to 1 January 1983 only if he or she was then a citizen of the UK and Colonies.
www.ukvisas.gov.uk /servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1034348129411   (1600 words)

  
 AFP-990626
The Standing Committee of the National People's Congress (NPC) decided that mainlanders born before one of their parents became a permanent resident of Hong Kong did not have right of abode.
But in a major victory for mainlanders already in Hong Kong and claiming right of abode, Chief Executive Tung Chee-hwa said they would be allowed to stay.
But lawyers and human rights groups have disputed the figure and criticized the government's decision to ask Beijing for a reinterpretation.
www.taiwansecurity.org /AFP/AFP-990626.htm   (629 words)

  
 BBC NEWS | UK | UK Politics | UK to right 'immigration wrong'
Tens of thousands of east African Asians left without the right to live in any country are to be allowed to take up full British citizenship after 30 years of waiting.
In a written Commons answer, the minister said: "We are righting an historical wrong which has left a number of overseas citizens without any right of abode, either in the UK or elsewhere."
She said British overseas citizenship status was a legacy of the end of Empire compounded by immigration acts in 1968 and 1981.
news.bbc.co.uk /2/hi/uk_news/politics/2088560.stm   (525 words)

  
 ::: VISA INFORMATION :::
Eligibility: you are eligible to apply for a UK Ancestry Visa or Right to Abode if either of your parents** (Right to Abode) or your grand parents (Ancestry Visa) were born in the UK.
Note: for Right of Abode 'parent' or 'parents' includes the mother but not the father of an illegitimate child, and the adoptive parents of a child who has been legally adopted.
If your spouse is a British Citizen, or has an Ancestry Visa or Right to Abode in the UK, or is sponsored to work in the UK, then you are eligible to apply for a UK Spouse Entry Visa.
members.aol.com /lljhennell/australia/visa.html   (1392 words)

  
 OrdinaryGweilo.com: Changing the rules
Firstly, if the courts decide that domestic helpers are entitled to Right of Abode after seven years, it would be illogical to disqualify them for being away for 7 days between contracts.
A spokesman for the human rights group that raised this issue is quoted as saying that there is a disparity between the way a British citizen working in bank and a foreign domestic helper (FDH) would be treated.
Secondly, I assume that once a helper had been granted Right of Abode they would no longer be subject to the current FDH rules, and could negotiate freely with the employer, which logically means that they could accept a lower salary.
www.ordinarygweilo.com /2004/06/changing_the_ru.html   (1301 words)

  
 The Hibernian Empire - Your Rights and Duties   (Site not responding. Last check: 2007-09-15)
As a Hibernian Citizen you are guaranteed certian rights.
It is your duty to understand and to protect these rights.
The right to serve as an Officer of the Empire
www.geocities.com /eisccon/rights.html   (71 words)

  
 Scotch-Irish / Ulster-Scots Forums > BRITISH NATIONALITY - THE IRISH DIMENSION
The first aspect of the issue is to differentiate between British citizenship and British nationality, and the second is to clarify the distinction between holding British nationality and the 'right of abode' in the United Kingdom.
The 'right of abode' is an unqualified right to enter, live and remain in the United Kingdom.
The rules on acquiring a right of abode in the UK under the Immigration Act 1971 as it existed from 1973 to 1983 are very complex, and you would need to get detailed advice on your circumstances.
www.scotchirish.net /forum/lofiversion/index.php/t426.html   (3293 words)

  
 EMIRE: GERMANY - RIGHT OF ABODE
Right of abode (Aliens Act § 27) is granted to aliens who:
For couples who live together as husband and wife, it suffices if the economic requirements are satisfied by one of the spouses.
The right of abode is not subject to any geographical restrictions or time limit and also may not carry any conditions or obligations.
www.eurofound.eu.int /emire/GERMANY/RIGHTOFABODE-DE.html   (198 words)

  
 Migration News
The British government immediately responded with a reaffirmation of its policy that granted 50,000 heads of families the right to a full British passport and nationality.
A Preliminary Working Committee was unable to decide whether children born of illegal immigrants in Hong Kong should be given the right of permanent residence.
Currently babies born in Hong Kong do not have automatic right of abode unless the father has an unconditional right of residence in the territory.
migration.ucdavis.edu /mn/more.php?id=777_0_3_0   (549 words)

  
 International Law In Brief, February 22-27, 1999
Ng, Tsui, and Cheung, who were mainland-born Chinese children with at least one parent with the right of abode in Hong Kong, brought a suit in the Hong Kong courts challenging the validity of the Bejing government's Immigration (Amendment) (No. 3) Ordinance.
This ordinance provided that for persons seeking permanent resident status, the right of abode can only be established by their holding a valid travel document affixed with a valid certificate of entitlement.
On the merits, the Court held that the No 3 Ordinance was unconstitutional as it required permanent residents of the Hong Kong SAR residing on the Mainland to obtain a permit before they are able to exercise their constitutional right of abode.
www.asil.org /ilib/ilib0205.htm   (1897 words)

  
 Right of abode British Embassy, Bangkok   (Site not responding. Last check: 2007-09-15)
You were a citizen of the United Kingdom and Colonies and your parent qualified for the right of abode under 2 above.
You were a citizen of the United Kingdom and colonies and were then, or had previously been, the wife of a man with the right of abode in the United Kingdom.
Pakistan and South Africa were not part of the Commonwealth before 1 January 1983 and their citizens have no right of abode under this provision.
www.britishembassy.gov.uk /servlet/Front?pagename=OpenMarket/Xcelerate/ShowPage&c=Page&cid=1065721630832   (1375 words)

  
 Asian Migration News, 15 June 1999
Should the Standing Committee of the NPC render an interpretation on the right of abode, special laws will have to be enacted to enable mainland children of Hong Kong permanent residents, including illegitimate ones, to migrate to the territory.
Not all new arrivals could move to public housing, however, because existing policies provide that only families with more than half of their members must have lived in the territory for seven years to be eligible.
The solution may not be that acceptable at this time when the right of abode issue is being debated.
www.smc.org.ph /amnews/amn990615.htm   (4583 words)

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