TNAG-1567-FCO40-2132-Future-of-Hong-Kong-nationality-and-passports-Hong-Kong-(Br-1986 — Page 179

E.R.

a difficulty but it seems that we might mount an argument to the effect that

instructions to immigration officers to take action that is quite outside the

provisions of the Immigration Rules are not "inconsistent" with the Rules

themselves.

-

All this may sound rather academic, but Hong Kong are quite likely to seek

further clarification on both the precise legal position and the practical

arrangements for handling these cases including what rights of appeal may

be available to those refused entry clearance applications in this category.

As pages 28 and 29 of Mr Mcdonald's book indicate, the question of rights of

appeal against the refusal of the Secretary of State to exercise his discretio

outside the Rules is a contentious area.

Unless you or copy recipients disagree, I suggest that we send an immediate

response to Hong Kong to confirm that in both cases settlement would be grante

by an exercise of discretion outside the Rules in accordance with section 4(1)

of the 1971 Act. However, I should be grateful for confirmation that the

practical arrangements proposed for the handling of applications from

ex-servicemen and their dependants are acceptable to all concerned. In

particular, I should be grateful if Mr Tompkins could let us know whether

these arrangements would require the issue of special instructions to the

Immigration Service.

Yham.

B2 Division

2

D MCDONOUGH

2 May 1986