GRS 100
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1277
OF 30O24OZ APRIL 86
INFO PRIORITY PEKING
CONFIDENTIAL
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 A. MACDONALD ON P. 28 OF IMMIGRATION LAW
1
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
MR NICHOLSON, PASSPORT DEPT, HOME OFFICE
ROOM 236, CLIVE HOUSE.
MR MCDONOUGH, B2 DIV, HOME OFFICE
MR WOOD LEGAL ADVISERS
CONFIDENTIAL
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A The National Archives
DEPARTMENT/SERIES
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