requi rement by changing
the
Immigration Rules, this might be
successfully challenged in the courts
a s an abuse of power.
Attorney General's office do not advise that there is any legal
or constitutional
bar ог impropriety in entering the
is a matter of a political
i s a very small risk: very
im po se such a requi rement
a ny case requi re visitors to Goverment could probably argue
steps taken to draw pas s port
endorsement without "current": i t
and practical risk. But this
unlikely Government would
would wish to
(Immigration Officers can in
establish bona fide status);
successfully in court that
holders' attention to the Immigration Rules (reference in
for
endorsement and accompanying leaflet) provided defence against application
judicial review; and Goverment could i f
prima ry legislation to
necessa ry
requirement.
impo se
vi sa
to re sort
(This would be controversial, but in the ex treme
"Tamil" situation,
circumstances we a re considering
out-break or mass flight from Hong Kong
terrorist
-
any action would
"current
be
HMG had
controversial.) Can well see that reference s to
Immigration Rules" would be bound to suggest that very much in mind the possibility of changing the rules, and be a slap in the face for Hong Kong people; strongly urge that FOO
risk
and HO, while not concealing visits. from OD (K), should
recommend accepting it.
NON ETHNIC MINORITIES
4.
This i s in some ways an
artificial issue: Indians and
-
others say they wish to settle in Hong Kong, and almost all of
them probably do
investment, homes, livelihood there. British citizenship will not help them in this, and agreement
guarantees right of abode in Hong Kong. But this has become a highly emotional issue in Hong Kong (partly because of granting of full British citizenship to Gibral tanians in 1981, Falkland Islanders in 1983). Also main rallying point for opposition to
Order in both Houses. Again,
be small
proportion of the
Visits would
than more
tiny a
very
11,000
unlikely tha t non-ethnic BDTCs would want to come to Britain. Could easily
resist
pressure
from others elsewhere
si tua ti on in Hong Kong is unique:
in the world by saying
territory no t being given