TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 165

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

1 1.

SECTION TWO: CONTROL AFTEN MITRY

The powers conferred by the Act are to be exercised without regard to a

person's race, colour or religion.

PART X: VARIATION OF LEAVE TO ENTER OR REMAIN

Introductory

84. Under sections 3 and 4 of the Immigration Act 1971 an Immigration

Officer, when admitting to the United Kingdom a person subject to control

under that Act, may give leave to enter for a limited period and, if he does.

may impose conditions restricting employment or occupation in the United Kingdom or requiring the person to register with the police. He may also

require him to report to the appropriate Medical Officer of Environmental

Health. Under section 24 of the Act it is an offence knowingly to remain

beyond the time limit or to fail to comply with such a condition or require-

ment.

85. Under section 3(3) of the Act a limited leave to enter or remain in

the United Kingdom may be varied by extending or restricting its duration,

by adding, varying or revoking conditions or by removing the time limit (whereupon any conditions attached to the leave cease to apply). The main

purpose of this Part of the rules is to set out, in relation to the chief

categories concerned, the principles on which leave to enter or remain wi

on application, be varied. It also sels out the principles on which leave

remain will be given to a child born in the United Kingdom who has not

obtained leave to enter. In the following paragraphs "leave to enter"

includes leave to remain.

Rights of appe al

86.

Under section 14 of the Act a person may appeal against any variation of his leave to enter or any refusal to vary it. However, there is no apren

against a variation of leave which reduces its duration, or against a refus

to extend or remove a time limit, if the Secretary of State personally

decides that the departure of the person concerned from the United Kingdom

would be conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other cou or for other reasons of a political nature. There is no right of appeal eier in respect of a variation made by statutory instrument. Where

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