I have a question about the Transitional Provisions of the Immigration Ordinance. They are:
A person who is not of Chinese nationality and who was a permanent resident of Hong Kong before 1 July 1997 is taken to be a permanent resident of the HKSAR under this part, category (d) and exempt from the requirements under the second and third bullets in category (d), this part if -
a) he was settled in Hong Kong immediately before 1 July 1997;
b) after he ceased to be settled in Hong Kong immediately before 1 July 1997 he returns to settle in Hong Kong within the period of 18 months commencing on 1 July 1997; or
c) after he ceased to be settled in Hong Kong immediately before 1 July 1997 he returns to settle in Hong Kong after the period of 18 months commencing on 1 July 1997 but only if he has been absent from Hong Kong for a continuous period of less than 36 months.
My question is the use of "or" in the above. If I "return to settle" between 1997 and 1999, does that mean the 36-month rule in (c) does not apply?
I was rejected for ROA and given RTL on the grounds that I did not satisfy both (b) and (c) but I think I may qualify for (b). I was in HK sometime between 1997 and 1999, if that what it takes to satisfy (b)....
Has anyone been denied or approved on similar grounds under similar circumstances?