A
H11341
For discussion
**
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on 20th May 1980
SAUG 1980
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INDEX
4
INDEX MEMORANDUM FOR EXECUTIVE COUNCI
Immigration Ordinance
Chapter 115)
89A/28
XCR(80)113
Copy No...
OBJECTION BY MR NGAI KWAI TONG AGAINST THE DIRECTOR OF IMMIGRATION'S DECISION TO REFUSE HIS APPLICATION FOR HIS TWO CHILDREN AND THEIR FAMILY MEMBERS TO
ENTER HONG KONG FROM CHINA
At Annex A, for the consideration of Members, is an objection by Mr NGAI Kwai-tong under section 53 of the Immigration Ordinance (Chapter 115) against the decision of the Director of Immigration to refuse to allow his two sons, NGAI Ting-ng and NGAI Ting-sik and the members of their immediate family, i. e. their wives and children, to enter Hong Kong from China for residence.
Background
2.
Mr Ngai is 84 years old and has lived in Hong Kong for many years. In late 1979 he wrote to His Excellency the Governor requesting permission for his two sons and their families (totally eight persons) to enter Hong Kong as he was in need of the care of his children and their families.
3.
Mr Ngai's application was examined but it was noted that Mr. Ngai had lived without his sons for many years and could join them in China if he wished to do so. It was therefore felt that there were insufficient grounds to approve the application on exceptional grounds.
Applications for entry from China
4.
With the approval of the Council arrangements for the entry of residents from China at Lo Wu were changed on 15 January 1979 when the distinction between residents of Guangdong Province and residents from elsewhere in China was abolished and the initial stay of all legal arrivals from China was limited to a period of less than 12 months. Before this change very few applications for Entry Permits from China had been received because travellers had entered on the strength of Chinese Peoples' Government Exit Permits. They continued to do this but in order to avoid the new controls many potential immigrants applied for entry permits to the Immigration Department. Within a few weeks over 100,000 application forms were distributed. About 13,000 applications, covering about 20, 000 people were received. Most of these applicants would qualify for admission under immigration policies because the applicants had immediate relatives in Hong Kong. In many cases approval would have resulted in the movement of whole families
19. T
G.S. 84
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