TNAG-0662-FCO40-811-Legislation-on-immigration-in-Hong-Kong-1977 — Page 34

G.S. 84

XCR(77)247

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Background of the case

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4

The petitioner, Mr CHENG Ching-to, was born in China and has been a resident in Hong Kong since 1959. On 29th December 1976, he first applied for the entry of Mr TRINH Trong-hung, and his family of five, claiming to be his brother, although no evidence of the relation- ship has been produced, Mr Trinh was born in Vietnam in 1929 and has been a resident there for 48 years. His father is dead, and he is living with his mother, wife, four children, three sisters and another brother. He has nɔ connection with Hong Kong other than the sponsor. The application was refused on 21st March 1977 for the reasons stated in paragraph 2 above.

5

Through his solicitors, on 16th April 1977 the petitioner requested that the decision be reconsidered. After due consideration, however the decision to refuse the application was restated on 27th April 1977 because the circumstances remained unchanged.

Reconsideration on humanitarian grounds

6

The Director of Immigration has reconsidered the possibility of making an exception to policy on humanitarian grounds. However, he believes that any departure from policy in Mr Trinh's case might lead to pressure to review the many applications which have already been refused for similar reasons, It might also lead to further appli- cations from people in Vietnam who have not so far thought it worth- while to apply, including Mr Trinh's four sisters and his other brother. The Director of Immigration, therefore, remains of the view that the original decision was correct,

7

Honourable Members will be asked to advise, under section 53 of the Immigration Ordinance (Chapter 115), whether the decision of the Director of Immigration not to allow Mr Trinh and his family to enter Hong Kong to join his elder brother for residence, should be maintained or be reversed,

(The Director of Immigration (Mr J.M. ROWLANDS) will be standing by in case Honourable Members should wish to ask him any questions),

1st September 1977

(SF(14) in SEC 11/05/01 IV)

COUNCIL CHAMBER

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