TNAG-2179-FCO40-3116-Hong-Kong-nationality-international-support-1990 — Page 29

1357

CONFIDENTIAL

UK COMMS ONLY

FM OTTAWA

TO DESKBY 26090OZ FCO

TELNO 234

OF 232355Z MARCH 90

CONFIDENTIAL UK COMMS ONLY

Ако

HKD 34011

RECEIVED IN REGISTRY

27 MAR 1990

120336

MDHIAN 2733

INFO PRIORITY HONG KONG

-(114)

DESK OFFICER

INDEX

REGISTRY

Action Taken

YOUR TELNO 605 TO HONG KONG: INTERNATIONAL SUPPORT: CANADA

SUMMARY

1.

DEA UNDERTAKES TO CONSIDER OUR REQUEST THAT FULL USE BE MADE OF THE FLEXIBILITY IN THE RETURNING RESIDENT RULES AND TO SEE IF THEY CAN BE MORE HELPFUL TO COMPANY TRAINEES. SOME DIFFICULTIES IN BOTH CASES. DEA WILL ALSO CONSIDER FURTHER WITH US A MORE FORTHCOMING PUBLIC LINE.

DETAIL

2.

I TOOK ACTION ON 23 MARCH WITH RAYMAND CHRETIEN (DEPUTY PUS EQUIVALENT). CHRETIEN REAFFIRMED THAT THERE WAS NO EARLY HOPE OF A MOVE BY CANADA TO ADOPT A SCHEME SIMILAR TO OUR RIGHT OF ABODE LEGISLATION COUR TELNO 202). MINISTERS WHO HAD CONSIDERED THE

QUESTION HAD REACHED A UNANIMOUS DECISION.

3. WE THEN DISCUSSED THE SCOPE FOR FLEXIBILITY WITHIN THE EXISTING RULES. WE HAVE ALREADY SENT BY BAG DETAILS OF THE RETURNING RESIDENTS RULES TO HKD (PENRITH'S MINUTE OF 22 MARCH. WE SET OUT THE PRACTICAL SCOPE OF THESE RULES IN OUR TELNO 087). ACCORDING TO FIGURES WE HAVE BEEN GIVEN THE CANADIAN GOVERNMENT RECEIVED 585 RETURNING RESIDENT APPLICATIONS FOR HONG KONG LAST YEAR. 386 APPLICATIONS WERE PROCESSED AND 285 PERMITS ISSUED. WE HAVE ASKED FOR, BUT NOT YET RECEIVED, PERMISSION TO REFER TO THESE NUMBERS PUBLICALLY.

4.

IMMIGRANT

ACCORDING TO THE IMMIGRATION OFFICERS MANUAL A CANADIAN FORFEITS HIS RESIDENCE STATUS IF HE SPENDS MORE THAN 183 DAYS OUTSIDE OF THE COUNTRY IN ANY ONE YEAR. HOWEVER, THE RULES GIVE IMMIGRATION OFFICERS DISCRETIONARY POWERS TO OVERRIDE THIS. I SUGGESTED TO CHRETIEN THAT THEY MIGHT CONSIDER WHETHER IMMIGRATION OFFICERS COULD BE INSTRUCTED TO MAKE PARTICULAR USE OF THE FLEXIBILITY PROVISIONS IN THE CASE OF HONG KONG. CHRETIEN UNDERTOOK TO CONSIDER. HE POINTED OUT HOWEVER THAT THERE WOULD BE DOMESTIC POLITICAL DIFFICULTIES IN DOING ANYTHING WHICH COULD BE CONSTRUED AS CONTRAVENING THE UNIVERSALITY OF CANADA'S IMMIGRATION POLICY. ALSO, APPLICANTS WERE

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