TNAG-0662-FCO40-811-Legislation-on-immigration-in-Hong-Kong-1977 — Page 22

G.S. 84

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on 20th September 1977

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MEMORANDUM FOR EXECUTIVE COUNCIL

Immigration Ordinance (Chapter 115)

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23 SEP 1977

OBJECTION FROM MR LAI TAT AGAINST THE REFUSAL OF MADAM HUYNH NGOC'S APPLICATION TO ENTER HONG KONG FROM VIETNAM

No1/12/14: An.

Annexed for the consideration of Honourable Members is an objection by Mr LAI Tat, under section 53 of the Immigration Ordinance (Chapter 115), against the Director of Immigration's decision to refuse the application of his alleged wife, Madam HUYNH Ngoc, to join him for residence in Hong Kong.

The Director of Immigration's comments

2

Mr LAI Tat first applied for the entry of Miss Huynh on 7th January 1976, claiming that she was his fiancee. This application was refused on 9th February 1976 because no evidence was produced that they were in fact engaged to be married, and because Miss Huynh had no claim on Hong Kong. Two subsequent requests for reconsidera- tion were rejected on 6th May 1976 and 8th November 1976.

3

On 13th January 1977 Mr LAI Tat applied again for Madam Huynh's entry, now claiming that she was his wife, and pro- ducing the marriage certificate dated 18th April 1975 appended to his petition. From its knowledge of Vietnamese marriage registration procedures, the Immigration Department judged this marriage certi- ficate to be false, and on 6th May 1977 rejected this further application. It is against this decision that the objection is lodged.

4

Following the receipt of Mr LAI Tat's petition, the British Embassy in Hanoi confirmed that the marriage certificate was not genuine.

5

In an interview at the Immigration Department on 2nd August 1977 Mr LAI Tat said that he had first met Madam Huynh during a 2-week visit she made to Hong Kong in 1969. They did not meet again until April 1975 when he spent 7 days in Saigon, four of them staying with Madam Huynh and her family. He claimed that they were "married" during this time, but admitted that they did not apply to have the marriage officially registered.

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