TNAG-1202-FCO40-1504-Policy-on-visas-and-entry-certificates-in-Hong-Kong-1982 — Page 131

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THE ORIGINAL HAS BEEN RETAINED IN THE DEPARTMENT UNDER

SECTION 3 (4) OF THE

PUBLIC RECORDS ACT 1958

CONFIDENTIAL

GPS 500

DESKBY 040930Z

CONFIDENTIAL

FM HONG KONG 2408402 FEB 62

AR SHEL

RECEIVIU Meracie

@

TO IMMEDIATE FCO

TELEGRAM NUMBER 89 OF 4 FEBRUARY

INFO IMMEDIATE, HONG KONG GOVT OFFICE LONDON

DESK

INDEX

YOURTELNO 67: MS CHRISTINE VERTUCCI.

4112

Af

INFORMATION SOUGHT IN FIRST PART OF YOUR FARA 1 WILL BE SENT IN MIFT.

2. MS VERTUCCI HAS NOW OBJECTED IN WRITING TO THE DECISION OF THE DIRECTOR OF IMMIGRATION UNDER SECTION 53. IN DOING SO SHE

HAS CLAIMED THAT THE REFUSAL OF EXTENSION WAS UNREASONABLE, THAT, Sedl

SHE SHOULD HAVE BEEN NOTIFIED EARLIER, SHE HAS BEEN LAW ABIDING, THAT SHE WAS UNFAIRLY TREATED IN BEING GIVEN ONLY A SHORT TIME OVER CHINESE NEW YEAR IN WHICH TO WIND UP HER AFFAIRS, ETC. SHE HAS REITERATED HER REQUEST TO BE INFORMED OF THE REASONS WHY HER VISA WAS NOT EXTENDED. WE INTEND TO SUBMIT THE CASE TO THE GOVERNOR-IN-COUNCIL ON 9 FEBRUARY, THOUGH WE SHALL NOT PUBLICISE THIS DATE. WE SHALL RECOMMEND REJECTION,

3. IF EXECUTIVE COUNCIL ADVISE THAAT THHE OBJECTION SHOULD BE DISMISSED SHE WILL BE TOLD OF THIS SHORTLY AFTERWARDS. THEREAFTER, DEPENDING UPON ANY REQUEST SHE MAY MAKE FOR A FURTHER EXTENSION

SHE IS LIKELY TO BE GIVEN A SHORT EXTENSION OF STAY TO COMPLETE

DEPARTURE ARRANGEMENTS. WE SHALL HOPE TO ENCOURAGE HER TO DEPART VOLUNTARILY, BUT IF SHE DOES NOT DO SO AND PLAYS THIS LONG THEN SHE MAY DECIDE TO BECOME AN OVERSTAYER. IN THESE CIRCUMSTANCES

IT WOULD BE NECESSARY TO RESORT TO THE PROVISIONS OF SECTION

19(1)(B)(11) OF THE IMMIGRATION ORDINANCE AND ISSUE A REMOVAL ORDER. IN DOING SO A DECISION WOULD NEED TO BE TAKEN WHETHER SHE SHOULD BE DETAINED (WHICH IS THE NORMAL PROCEDURE) OR BE RELEASED ON RECOGNIZANCE. THEREAFTER THE PROVISIONS FOR APPEAL TO THE IMMIGRATION TRIBUNAL UNDER SECTION 53A-D COME INTO EFFECT, IF THE APPEAL IS DISMISSED THERE IS ALSO A RIGHT OF APPEAL TO THE GOVERNOR ON HUMANITARIAN GROUNDS. IF WE REACHED THIS STAGE (WHICH IS THE WORST CASE) WE WOULD DEAL WITH THE CASE QUICKLY. HOWEVER, INEVITABLY, THERE WOULD BE A TIME GAF OF A WEEK OR TWO BETWEEN THE ANNOUNCEMENT TO HER OF THE OUTCOME OF HER ORIGINAL OBJECTION AND HER FINAL DEPARTURE.

4. NOW SHE HAS FORMALLY OBJECTED TTHE LIINNE WE SHALL TAKE WITH THE PRESS IS THAT THE CASE IS SUB JUDICE AND IT WOULD NOT BE PROPER TO COMMENT.

5.

OUR PRESENT VIEW IS THAT IF EXCO UPHOLDS THE DIRECTORS DECISION WE SHALL HAVE TO CONTINUE TO HOLD THE LINE THAT IT IS NOT THE PRACTICE TO GIVE DETAILS OF THE REASONS FOR NOT EXTENDING PERIODS OF STAY.

6. WE WILL ADVISE YOU OF ANY FURTHER DEVELOPMENTS.

SEE M I FT

MACLEHOSE

LIMITED HK&GD

NEWS D MVD

FUSD PS/LPS PS/MR LUCE

PS/PUS MR DONALD MR URE

COFIES TO:-

HIK GO

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