TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 124

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

E.R.

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managed to retain the right of readmission by returning to the United Kingdom

to renew their passport. The number of such people is thought to be low and Hong Kong attach importance to our preserving the present position. Moreover it is possible that restrictions in the Rules would be ultra vires

section 1(5) of the 1971 Act.

8. The second part of paragraph 5, and paragraph 41, relate to persons admitted

under the special voucher scheme. This scheme is intended for persons who

have nowhere else to go.

Citizens.

Those admitted under it will be British Overseas

9.

Returning Residents

Paragraph 56 has been amended to give effect to a change in policy which

Ministers agreed at the end of last year, under which a returning resident

need no longer show that he was ordinarily resident in the United Kingdom when

he left.

Other Changes

10. Ministers will want to consider specifically the following changes which

have not previously been put to them. We have inserted them provisionally in

the White Paper.

(a) Businessmen, the self-employed and persons of independent means

11. The 1980 Rules for the first time introduced a specific figure for the

minimum amount of money (£100,000) which a businessman or self-employed person

must have to invest. A person wishing to enter as somecne of independent means

must have the same minimum amount under his control and disposable in the United Kingdom or an income of £10,000 a year (paragraphs 35, 38 and 110 of

the Rules).

12. By the time the new Rules are made these limits will have been in effect

for almost 3 years, and they have become eroded. The income figure was in any

case rather low when it was set. Overall inflation during the past three years has been about 45% and, on the basis of this figure and casework experience we suggest that the financial requirement for a person of independent means should be increased to £150,000 or £20,000 per annum. (The capital required of a prospective businessman should accordingly also be increased to £150,000).

13.

(b) Acceptances of passports issued by Foreign States or Governments

(paragraph 6 of the draft Rules).

The Foreign and Commonwealth Office have asked for an amendment in paragraph 6 to take account of a change in their practice as regards the

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