TNAG-2179-FCO40-3116-Hong-Kong-nationality-international-support-1990 — Page 111

CONFIDENTIAL

FM HONG KONG

TO ROUTINE FCO

TELNO 853

OF 08090OZ MARCH 90

INFO ROUTINE CANBERRA

CONFIDENTIAL

102

Has 34001

RECEIVED IN REGISTRY

27 MAR 1990

041022

MDLIAN 4581

DESK OFFICER

TRY

INDEX

PA

Acti

YOUR TELNO 167: INTERNATIONAL SUPPORT FOR HONG KONG: AUSTRALIA

1. DURING HER RECENT VISIT TO HONG KONG, PENNY WENSLEY (FORMER AUSTRALIAN CONSUL-GENERAL IN HONG KONG AND NOW UNDER SECRETARY FOR THE FAR EAST IN THE AUSTRALIAN DEA) WARNED US NOT TO BE OPTIMISTIC ABOUT ANY SPECIAL AUSTRALIAN RIGHT OF ABODE SCHEME FOR HONG KONG. SHE CITED THE FOLLOWING REASONS:

A) THERE WERE PRACTICAL PROBLEMS OF GRANTING DEFERRED RIGHT OF ABODE (E.G. MEDICAL AND NON-CRIMINAL STATUS COULD CHANGE, ARRIVALS WOULD BE DISORDERLY ETC.): AND

B) AUSTRALIA HAD A WORLDWIDE NON-DISCRIMINATORY POINTS SYSTEM BUT NO QUOTAS FOR INDIVIDUAL COUNTRIES. A SPECIAL QUOTA FOR HONG KONG WOULD BE HARD TO DEFEND AND WOULD SET PRECEDENTS.

2. SEPARATELY THE AUSTRALIAN CONSUL-GENERAL IN HONG KONG EXPRESSED THE SAME VIEWS. HOWEVER HE MENTIONED SOME INTERESTING POSSIBILITIES OF PLAYING THE RULES UNDER EXISTING LEGISLATION. A RECIPIENT OF AN IMMIGRANT VISA MUST GO TO AUSTRALIA WITHIN 12 MONTHS. ONCE THERE, WHICH NEED ONLY BE FOR ONE DAY, THE RECIPIENT CAN OBTAIN A RESIDENT'S PERMIT VALID FOR THREE YEARS. WITHIN THAT THREE YEARS, IT IS NECESSARY TO SPEND 12 MONTHS IN AUSTRALIA. WHEN THAT IS DONE, A DOCUMENT ENSURING MULTIPLE ENTRY AND EXIT RIGHT VALID FOR FIVE YEARS IS GRANTED. THUS, IN PRACTICE, AN EMIGRANT COULD DELAY PERMANENT DEPARTURE BY ARRIVING AT AUSTRALIA AT THE END OF THE FIRST YEAR, SPENDING, SAY, SIX MONTHS EACH IN THE THIRD AND FOURTH YEARS IN AUSTRALIA, AND THEN RELYING ON THE MULTIPLE ENTRY AND EXIT RIGHTS DURING THE FOLLOWING FIVE YEARS.

WILSON

YYYY

1

PAGE

CONFIDENTIAL