TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 102

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under S. 13A of the Ordinance to remain in Hong Kong pending resettlement elsewhere; their stay in Hong Kong thus comes under S. 2(4)(a)(iii) of the Ordinance and is not regarded as ordinary

residence.

Those Vietnamese boat people yet to be screened

and those determined to be non-refugees are not/not given permission to land and to remain in Hong Kong. Their stay is therefore covered by S. 2(4)(a)(1) of the Ordinance and is again, not considered as ordinary residence,

that the

Will British side give assurance Director of Immigration will not exercise his discretion under S. 11 of the Immigration

Ordinance in such ર way as to make Vietnamese boat people ordinary resident in Hong Kong ?

The permission to land and to remain in Hong Kong provided for under S. 11 of the Immigration Ordinance is not intended to apply to Vietnamese

boat people as a category of persons. The British side remain of the firm view that non-refugees should be repatriated.

Will British side amend S. 2(4) of the Hong Kong Immigration Ordinance?

Legislative amendments will only be mooted as and when necessary. For example, it was necessary to amend the section in 1982 to exclude the stay in Hong Kong of Vietnamese refugees from being considered as ordinary residence. Nevertheless, British side have no/no intention of amending the section to make the stay in Hong Kong of Vietnamese refugees and boat people ordinary

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