Mr Hoare HKGD
MR FUNG KUNG-HEY
CONFIDENTIAL
1.
Your minute of 25 October refers.
Reference
GV FUN/KIN
Вакы
i
done
AF2/11.
HKK 3416
RECAUTIO
No. 51
No
Afstil
see
2
2.
assurance
It is impossible at this stage to give Mr Fung 'an
that he could take up residence in Britain'. However, if he has a valid claim to British Citizenship and is able to establish that he has the right of abode here say by residence for five years or more he would not be subject to immigration control and would, therefore, be entitled to enter UK at any time. (Although the question is not posed in your minute, you might like to know for
-
your own information that since Mr Fung was born in China
"
it is unlikely - unless his father was bron in Britain - that he can have a claim on British Citizenship. You might wish to check this point with NTD to whom I am sending a copy of this minute and of yours.)
3. There are, however, certain other ways in which Mr Fung could qualify for settlement here. For example, he might qualify as a person of independent means (see the attached extract from the current immigration rules). As well as showing possession of sufficient disposable funds, he would have to demonstrate a close connection with the United Kingdom or show that his admission would be in the general interests of the country. (As a result of proposed changes to the rules presently before Parliament, the two sums mentioned in paragraphs 35 and 38 will be raised to £150,000 and £15,000 respectively on 1 January 1983). Similarly, Mr Fung could apply for entry clearance to enter UK as -
a businessman here under paragraph 35 - 37 of the rules.
4. In order to determine in which of these categories Mr Fung could qualify, he would need to lodge an application at the Hong Kong Immigration Department, or at any of our Missions overseas. It would not, of course, be possible to predict the outcome of such an application.
I hope the foregoing is helpful in drafting a reply to Lord Shepherd from Lord Belstead.
5.
CODE 18-77
1 November 1982
cc Mr Morris
6210
NTD
DR. Jana
R M Sands
Migration & Visa Department
CONFIDENTIAL