GR 350
CONFIDENTIAL
Тор сору.
CONFIDENTIAL
FM HONG KONG 2308052 MAR 81
Mr Eli
2
Mr Will
Bu noted for M. Morrice
Mr. Willionisan "on
6/7/81
TO PRIORITY HONG KONG GOVERNMENT OFFICE LONDON
TELEGRAM NUMBER 481 OF 23 MARCH
INFO PRIORITY F C O
Pl. wahh
که
170
FOR FORD FROM DAVIES
YOUR TELEGRAM 445 OF 17 MARCH
147
CERTIFICATE OF PATRIALITY
28 Frere 340/1
RECEIVED IN REGISTRY NO. 51
25 MAR 1981
DTEX OFFICER INDEX
ло
WE AGREE WITH CHAN'S ASSESSMENT OF THE POSITION EXCEPT IN- RESPECT OF THE LAST SENTENCE OF PARA 2. WE ARE NOW FINDING CASES IN WHICH ON RETURN TO HONG KONG PREVIOUS RESIDENCE OF 5 YEARS OR
MORE AS A STUDENT IN UK IS NO LONGER REGARDED BY THE HOME AS
''ORDINARY RESIDENCE''.
PA
REGISTRY Action Taken
7107 Pas 20/2
See 1310
2. PREVIOUSLY APPLICATIONS FOR CERTIFICATES OF PATRIALITY UNDER SECTION 2(1)(C) OF THE IMMIGRATION ACT FROM SUCH PERSONS IN HONG
KONG HAD INVARIABLY BEEN APPROVED BY THE HOME OFFICE. SINCE 1980 THE HOME OFFICE, APPARENTLY RELYING ON TWO COURT JUDGMENTS UNDER THE EDUCATION ACT, (R. V. LONDON BOROUGH OF BARNET, EX PARTE SHAH AND ANOTHER (1980) 3 ALL E.R. 679 AND CICUTTI V. SUFFOLK COUNTY COUNCIL (1980) 3 ALL W.R. 689), HAS TAKEN THE VIEW THAT THE TIME
SPENT BY SUCH STUDENTS IN THE UK, WHO HAVE SUBSEQUENTLY RETURNED TO HONG KONG, IS NOT REGARDED AS ORDINARY RESIDENCE. WE BELIEVE THAT THE HOME OFFICE FOLLOW THE LINE (WHICH WE CANNOT PROPERLY DISPUTE) THAT THE LEGAL TESTS LAID DOWN IN UK EDUCATION LAWS CONCERNING ORDINARY RESIDENCE APPLY EQUALLY TO THE IMMIGRATION LAWS. ACCORDINGLY APPLICATIONS FOR PATRIALITY BY SUCH STUDENTS HAVE BEEN REFUSED ON THE GROUND THAT THEY HAD NOT BEEN ORDINARILY RESIDENT IN
THE UK.
3. BETWEEN 1973 AND 1979 THERE WERE ONLY 36 APPLICATIONS FOR THE
GRANT OF PATRIALITY FROM HONG KONG STUDENTS WHO HAVE RETURNED FROM THE UK VIRTUALLY ALL OF WHICH WERE APPROVED. IN 1980 THE NUMBER INCREASED TO 50 APPLICATIONS PROBABLY AS A RESULT OF THE CONCERN AND ANXIETY GENERATED IN HONG KONG BY THE NATIONALITY WHITE PAPER. SO FAR 21 HAVE BEEN APPROVED, 12 REFUSED, 12 WITH HOME OFFICE AND 5 WITHDRAWN. THE REFUSALS AND THOSE UNDER CONSIDERATION HAVE GIVEN RISE TO UNEASE THAT THE IMMIGRATION RULES ARE NOW BEING ADMINISTERED MORE RESTRICTIVELY BY HMG IN RESPECT OF THIS CATEGORY.
CONFIDENTIAL
14.
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