布政司署
香港下亞
畢道
*** OUR REF.: (17) in CR 7/2091/81
**** YOUR REF.: GNN 340/1(13)
C. J. Howells, Esq.
Enter
Ja.z.
McQuad
Heclift.
Head, Nationality & Treaty Department Foreign & Commonwealth Office
London SWIH ID ENGLAND
کی
Ser the hardly.
سد
912
GOVERNMENT SECRETARIAT
LOWED ALRERT ROAD
HONG KONG
13th January, 1982
HITE 340|1
ник
S
ESCOVER NERUDALAY NO. 51
7ོ ཀ ཀུ
DLSK OMACE
INDEX
#ON{WY
19 AF 192
British Nationality Act 191 HKK 340/1477
1981
Thank you for your letter GNN 340/1(13) dated 2nd December 1981, to which I have been asked to reply, about specific aspects of the new Act.
2
Ilong Kong's immigration laws do not attempt to define "ordinary residence", which is the first, vital element of being "settled" for the purposes of the Act. The Lamigration Lapartment here will contin., to apply the criteria laid down by the cores in the United kingdown (u
zuicular the decision in the Shak casc) in determining ordinary resideuc»», thick the blɩ would be unwise to try to legislate in this highly subjective
area.
3.
Under Hong Kong's laws, it would b possible for the situation envisaged in paragraph 3 of your letter to arise. But we think that in most cases the application of the law relating to ordinary residence will provide a solution. In the handful of cases whore doubts may arise as to whether or not a parent is settled in Hong Kong, we imagine that the discretionary powers conferred by Section 17(1) of the Act could be used, if it ware decided that the circumstances of a specific case co warranted.
4.
2
In summary, it is our assessment that, in practice, few problems will arise over the interpretation of "settled" in relation to our immigration laws. Consequently, following consultations here with the Attorney General's Chambers, it has been decided, subject to any further comment which you may wish to make, not to seek legislation to cover the point raised in paragraph 3 of your letter.
5.
F.C.O.
сс
THKK 340116
(417
1981
I am scding a copy of this letter to Dick Clift of the Hong Kong Department,
Yours nucenter
Rein bars
(L. M. Davies) Secretary for Security
R. D. Clift, Esq., Hong Kong Department, FCO