625
GRS 100
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1277
OF 30024OZ APRIL 86
INFO PRIORITY PEKING
CONFIDENTIAL
344 340
RECEIVED IN REGISTRY
IND
30 APR 1986
DESKOSPRE
TOP COPY
Y
HONG KONG AGREEMENT: NATIONALITY ORDER IN COUNCIL
UMELCO ASKED US LAST WEEK UNDER WHAT PROVISIONS OF THE UK
IMMIGRATION ACT 1971 THE HOME SECRETARY WOULD BE GRANTING
PERMISSION FOR FORMER SERVICEMENT AND THEIR DEPENDANTS TO ENTER
THE UK FOR SETTLEMENT, AND FOR NON-CHINESE BDTCS TO DO THE SAME
SHOULD THEY COME UNDER PRESSURE TO LEAVE HONG KONG AFTER 1997. WE
ASSUMED THAT THE RELEVANT PROVISION WAS SECTION 8(2) OF THE IMMIGRATION ACT, AND ADVISED UMELCO ACCORDINGLY.
2. ON REFLECTION, IT OCCURS TO US THAT THE HOME SECRETARY MIGHT BE
REFERRING TO HIS INHERENT DISCRETION TO ALLOW ANY PERSON TO ENTER
OR REMAIN. NOTWITHSTANDING THE PROVISIONS OF THE IMMIGRATION RULES, REFERRED TO BY 1.A. MACDONALD ON P. 28 OF IMMIGRATION LAW
AND PRACTICE' (1983). WE SHOULD BE GRATEFUL IF YOU COULD ASK THE
HOME OFFICE TO PROVIDE AUTHORITATIVE GUIDANCE ON THIS POINT SO
THAT WE CAN BE SURE THAT THE CORRECT ANSWER IS PROVIDED TO UMELCO.
YOUDE
HONG KONG AGREEMENT: NATIONALITY
LIMITED
HD/HKD
HD/FED
HD/NTD
RESEARCH D (MR WALKER)
DEP HD/PUSD
PS
PS/MR RENTON
PS/PUS
SIR W HARDING MR WILSON MR BARRINGTON
COPIES TO:
MR ROBERTS, NEWS DEPT
MR FIFOOT, LEGAL ADVISERS
MR GRAINGER, LEGAL ADVISERS
MR D MCDOUGALL, MVD
MR HYDE, HOME OFFICE
MR EMERY, B4 DIV, HOME OFFICE, CROYDON
MF NICHOLSON, PASSPORT DEPT, HOME OFFICE
ROOM 236, CLIVE HOUSE.
MR MCDONOUGH, B2 DIV, HOME OFFICE MR WOOD LEGAL ADVISERS
CONFIDENTIAL
Page 90Page 91
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