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. 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.
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PETER LLOYD