TNAG-0985-FCO40-1204-Immigration-from-China-to-Hong-Kong-1980 — Page 35

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For discussion

onard December 1980

XCR(80)298 Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

Immigration Ordinance

(Chapter 115)

OBJECTION BY

1

AKK 341|1

RECEIVED IN RESISTWY NO.

17 DEC 1980

LENK INDEX

CER

PA

AGAINST

THE DIRECTOR OF IMMIGRATION'S DECISION

TO GRANT HIM ONLY A SHORT EXTENSION OF STAY AND NOT TO REGARD HIM AS A LEGAL IMMIGRANT FROM CHINA

REGISTRY Action Taken

17.12

247)

A

B

At Annex A, for the consideration of Members, is an objection by

under section 53 of the Immigration Ordinance (Chapter 115) against the Director of Immigration's decision to grant him only a short extension of stay and not to regard him as a legal immigrant from China.

Background

2

was born in Shanghai in 1929 but he has resided in Taiwan for many years. He is the holder of a valid Taiwanese passport. In December 1979, he applied to the British Embassy in Tokyo for a visa to visit his cousin here. At that time

gave his occupation as manager of a Taiwanese building corporation. He had previously visited Hong Kong as the captain of a ship. As it appeared that

was a genuine visitor

a visa for a one month visit was granted.

3

arrived in Hong Kong on 26th January 1980. He was granted an extension of stay until 26th April 1980 and a re-entry visa to allow him to go to Shanghai to visit his brother. He returned from China on 20th May 1980, when he presented an exit permit issued by the Chinese authorities.

did not produce his Hong Kong re-entry visa nor did he disclose that he was resident in Taiwan. He was accepted, mistakenly, as a first time legal immigrant from China and allowed to stay until 1st November 1980.

4

previous record came to light on 28th October 1980 when he applied for another extension of stay.

claim that he should be accepted as an immigrant from China and be allowed to stay here indefinitely was not accepted. He was not qualified for residence under any head of policy which is summarised at Annex B: his sole connection with Hong Kong is his cousin. Accordingly his application was refused but he was granted an extension of stay until 11th November 1980 to allow him to make arrangements to depart.

G.S. 84

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