TNAG-0805-FCO40-1010-Policy-on-visas-and-entry-certificates-in-Hong-Kong-1978 — Page 2

The ambiguous sentence (in paragraph 16 of the memorandum annexed) states that "applications

would only be entertained

if the sponsor had entered Hong Kong legally or had his stay here legalised before 30th April 1975 (the fall of Saigon)". What was intended is that sponsorship should be limited to those who entered legally before 30th April 1975 and those illegal immigrants and overstayers who had their stay legalised before 30th April 1975.

5

The Director of Immigration has considered the implications of allowing all who entered legally, whether before of after 30th April 1975, to act as sponsors for applications from their dependants in Vietnam, Laos and Kampuchea. The number of additional persons who would become eligible for entry as a result of this would probably be small, because it is believed that nearly all arrivals on the special charter flights from Vietnam came as whole family units, with all genuine family members included. However, it would open the door to fraudulent applications, of which there have already been a great number, from Vietnam and which can be extremely difficult to detect. It has been noted that when the entry of a single man from Vietnam is approved, it often happens that he claims to have con- tracted a marriage shortly before he leaves Vietnam, or subsequently claims, contrary to the statements he made when his own application was submitted, that he is in fact married with dependants.

6

To discourage claims of this kind, which are often false but difficult to disprove, the Director of Immigration feels that the more restrictive interpretation of the sponsorship requirements, as advised in paragraph 4 above, should be continued. However, where a case of an apparently longstanding or genuine marriage is involved, a wife from Vietnam will be permitted to join a husband in Hong Kong on humanitarian grounds, i.e. under paragraph 16(a) of the memorandum annexed, even though the husband entered Hong Kong after 30th April 1975.

8th November 1978 (CR 2531/46 V)

COUNCIL CHAMBER

C.S. 166

CONFIDENTIAL