E.R.
You also asked me what was the legal basis of the undertaking given by the Home Secretary at Second Reading. The Immigration Rules, which are made under section 3(2) of the Immigration Act
1971, regulate the entry into and stay of persons in this
country. The Courts have accepted that the power to grant leave
to enter the United Kingdom under section 4 of the 1971 Act can
be exercised by the Secretary of State as a matter of discretion
outside the Immigration Rules. The concession announced by the
Home Secretary at Second Reading is a statement of the
circumstances in which he will be prepared to exercise his
discretion in respect of the widowed spouses of British citizens
resident in Hong Kong.
In the Government's view, the arrangements I have outlined deal
fully and fairly with the concerns to which you drew attention.
It follows that I hope you will be able to accept that British
citizens resident in Hong Kong need feel no reason to leave Hong
Kong simply to secure their spouse's immigration position.