CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE F CO
TELNO 2691
OF 061033Z SEPTEMBER 90
CONFIDENTIAL
HUD 341/1
REGISTRY
10SERTOP CO
VESICER
163064 MDHIAN 7382
94
YOUR TELNO 1627: CHANGES IN THE IMMIGRATION RULES: CASE OF MR
AU-YEUNG
WE ACCEPT THAT IT WOULD BE FRUITLESS FOR MR AU-YEUNG TO PURSUE THE REINSTATEMENT OF HIS STATUS AS RETURNING RESIDENT. WE WILL INFORM HIM AND OMELCO (WHICH REFERRED HIS CASE TO US)
ACCORDINGLY.
2.
NEVERTHELESS, THE FACT REMAINS THAT THE HOME SECRETARY GAVE AN ASSURANCE IN PARLIAMENT THAT A PERSON SEEKING RE-ADMISSION AS A RETURNING RESIDENT WITHIN TWO YEARS OF HAVING HAD SETTLED STATUS IN THE UK SHOULD NORMALLY BE ADMITTED WITHOUT FURTHER ENQUIRY, AND THAT HE WOULD ISSUE A SPECIFIC INSTRUCTION TO IMMIGRATION OFFICERS EMPHASISING THAT IN SUCH CASES IT WOULD NOT NORMALLY BE NECESSARY TO MAKE ANY FURTHER ENQUIRIES ABOUT THE PERSON'S PLANS. ON THE BASIS OF THE HOME SECRETARY'S ASSURANCES (AS REPEATED IN YOUR TELNO 123), THE SECRETARY FOR SECURITY TOLD THE LEGISLATIVE COUNCIL IN MAY THAT THE AMENDMENTS TO PARAGRAPH
58 WERE TECHNICAL IN NATURE ONLY AND DID NOT REPRESENT ANY CHANGE
IN PRACTICE.
3. MOREOVER, IF ACTIONS TAKEN BY THE UK IMMIGRATION SERVICE TO SCREEN VISITORS RESULT IN MORE HONG KONG RESIDENTS LOSING THEIR RETURNING RESIDENT STATUS, THEY ARE LIKELY TO BE INTERPRETED HERE AS BEING STRIKINGLY AT ODDS WITH THE EFFORTS BEING MADE BY HMG AND HKG TO PERSUADE OTHER COUNTRIES TO APPLY THEIR IMMIGRATION
RULES TO HONG KONG RESIDENTS WITH GREATER FLEXIBILITY. WE WOULD
BE GRATEFUL FOR YOU SUGGESTIONS ON THE LINE TO TAKE IN RESPONSE
TO QUESTIONS ABOUT THIS APPARENT INCONSISTENCY.
WE WILL TRY OUR BEST TO EXPLAIN THE GROUNDS FOR THE
IMMIGRATION SERVICE'S DECISION IN RESPECT OF MR AU-YEUNG IN REPORTING BACK TO OMELCO. THEIR INTEREST IN THIS SUBJECT IS UNLIKELY TO SUBSIDE. AS LORD CAITHNESS'S VISIT WILL PROVIDE A CONVENIENT OPPORTUNITY FOR OMELCO TO RAISE THIS, YOU WILL WISH TO BRIEF HIM ON THEIR LIKELY VIEWS ON THIS ISSUE.
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CONFIDENTIAL