TNAG-1188-FCO40-1490-Implications-for-Hong-Kong-of-changes-in-the-British-nationa-1982 — Page 26

(b) for longer than 6 months under the following provisions of these rule

paragraph 17 (visitors)

paragraph 21 (students)

paragraph 26 (“au pair`)

paragraph 35 (businessmen and self-employed persons)

paragraph 38 (persons of independent means)

paragraph 39 (writers and artists)

paragraph 50 (husbands);

(c) under paragraph 25 or 40 as the wife or child, or under paragraph 62 or 63 as a member of the family, of a person who is required to register with the police.

66. Such a condition may also be imposed, exceptionally, in any other case where the Immigration Officer considers it necessary in order to ensure that a foreign national complies with the terms of a limited leave to enter.

PART VIII: REFUSAL OF LEAVE TO ENTER

General

67. A passenger who does not qualify for admission under the foregoing provisions of these rules is to be refused leave to enter. In addition, the Immigration Officer has power (subject to the restrictions contained in the next paragraph) to refuse leave to enter on any of the grounds set out in paragraphs 71–76 below. Except as provided for in paragraph 64. the fact that a passenger satisfies the formal requirements of the foregoing provisions of these rules is not conclusive in his favour. Leave to enter may be refused if. for example, the passenger has not observed the time limit or conditions imposed on any grant of leave to enter or remain; if, whether or not to his knowledge, false representations have been employed or material facts not disclosed, orally or in writing, for the purpose of obtaining an entry clearance: or if a previous leave to enter or remain has been obtained by deception. But a passenger who holds a current entry clearance is not to be refused leave to enter except in the circumstances described in paragraph 13.

68. A passenger who

(a) is a Commonwealth citizen who was settled in the United Kingdom at the coming into force of the Act, and qualifies for readmission under paragraph 56, or

(b) qualifies for admission under paragraph 44 or 46 as the wife or the child under 18 of a Commonwealth citizen who was settled in the United Kingdom at the coming into force of the Act and holds an entry clearance issued for that purpose

is to be refused leave to enter only on the ground that he or she is currently subject to a deportation order.

69. The power to refuse leave to enter is not to be exercised by an Immigration Officer acting on his own. The authority of a Chief Immigration Officer or of an Immigration Inspector must always be obtained.

16