TNAG-1082-FCO40-1332-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1981 — Page 92

GR 350

CONFIDENTIAL

Тор сору.

CONFIDENTIAL

FM HONG KONG 2308052 MAR 81

Mr Eli

2

Mr Will

Bu noted for M. Morrice

Mr. Willionisan "on

6/7/81

TO PRIORITY HONG KONG GOVERNMENT OFFICE LONDON

TELEGRAM NUMBER 481 OF 23 MARCH

INFO PRIORITY F C O

Pl. wahh

که

170

FOR FORD FROM DAVIES

YOUR TELEGRAM 445 OF 17 MARCH

147

CERTIFICATE OF PATRIALITY

28 Frere 340/1

RECEIVED IN REGISTRY NO. 51

25 MAR 1981

DTEX OFFICER INDEX

ло

WE AGREE WITH CHAN'S ASSESSMENT OF THE POSITION EXCEPT IN- RESPECT OF THE LAST SENTENCE OF PARA 2. WE ARE NOW FINDING CASES IN WHICH ON RETURN TO HONG KONG PREVIOUS RESIDENCE OF 5 YEARS OR

MORE AS A STUDENT IN UK IS NO LONGER REGARDED BY THE HOME AS

''ORDINARY RESIDENCE''.

PA

REGISTRY Action Taken

7107 Pas 20/2

See 1310

2. PREVIOUSLY APPLICATIONS FOR CERTIFICATES OF PATRIALITY UNDER SECTION 2(1)(C) OF THE IMMIGRATION ACT FROM SUCH PERSONS IN HONG

KONG HAD INVARIABLY BEEN APPROVED BY THE HOME OFFICE. SINCE 1980 THE HOME OFFICE, APPARENTLY RELYING ON TWO COURT JUDGMENTS UNDER THE EDUCATION ACT, (R. V. LONDON BOROUGH OF BARNET, EX PARTE SHAH AND ANOTHER (1980) 3 ALL E.R. 679 AND CICUTTI V. SUFFOLK COUNTY COUNCIL (1980) 3 ALL W.R. 689), HAS TAKEN THE VIEW THAT THE TIME

SPENT BY SUCH STUDENTS IN THE UK, WHO HAVE SUBSEQUENTLY RETURNED TO HONG KONG, IS NOT REGARDED AS ORDINARY RESIDENCE. WE BELIEVE THAT THE HOME OFFICE FOLLOW THE LINE (WHICH WE CANNOT PROPERLY DISPUTE) THAT THE LEGAL TESTS LAID DOWN IN UK EDUCATION LAWS CONCERNING ORDINARY RESIDENCE APPLY EQUALLY TO THE IMMIGRATION LAWS. ACCORDINGLY APPLICATIONS FOR PATRIALITY BY SUCH STUDENTS HAVE BEEN REFUSED ON THE GROUND THAT THEY HAD NOT BEEN ORDINARILY RESIDENT IN

THE UK.

3. BETWEEN 1973 AND 1979 THERE WERE ONLY 36 APPLICATIONS FOR THE

GRANT OF PATRIALITY FROM HONG KONG STUDENTS WHO HAVE RETURNED FROM THE UK VIRTUALLY ALL OF WHICH WERE APPROVED. IN 1980 THE NUMBER INCREASED TO 50 APPLICATIONS PROBABLY AS A RESULT OF THE CONCERN AND ANXIETY GENERATED IN HONG KONG BY THE NATIONALITY WHITE PAPER. SO FAR 21 HAVE BEEN APPROVED, 12 REFUSED, 12 WITH HOME OFFICE AND 5 WITHDRAWN. THE REFUSALS AND THOSE UNDER CONSIDERATION HAVE GIVEN RISE TO UNEASE THAT THE IMMIGRATION RULES ARE NOW BEING ADMINISTERED MORE RESTRICTIVELY BY HMG IN RESPECT OF THIS CATEGORY.

CONFIDENTIAL

14.

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