TNAG-2179-FCO40-3116-Hong-Kong-nationality-international-support-1990 — Page 89

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FM CANBERRA

TO ROUTINE FCO

TELNO 256

OF 15040OZ MARCH 90

INFO ROUTINE HONG KONG

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AKD 340/1

RECEIVED IN REGISTRY

2 7 MAR 1990

DESK OFFICER

INDEX

REGISTRY

PA

Action Taken

102

089

064624

MDLIAN 6412

MY TELNO 216, YOUR TELNO 167 AND HONG KONG ELNO 853: INTERNATIONAL SUPPORT FOR HONG KONG: AUSTRALIA.

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1. YOU WILL KNOW FROM MY TELNO 66 THAT I HAVE ALREADY EMPHASISED TO THE AUSTRALIANS THAT THEIR EXISTING ARRANGEMENTS DO NOT REPEAT

NOT MEET OUR REQUIREMENTS. UPON RECEIPT OF YOUR T.U.R. WE SOUGHT

CLARIFICATION FROM IMMIGRATION DEPARTMENT ON WHAT THEIR

EXISTING ARRANGEMENTS IN PRACTICE AMOUNT TO. FOLLOWING SOME

DELAY WE WERE GIVEN AN EXPLANATION SIMILAR TO THOUGH NOT IDENTICAL WITH, THAT IN PARA 2 OF HONG KONG T.U.R. IMMIGRATION DEPARTMENT EXPLAINED THAT NORMAL MIGRANT ENTRY INCLUDED PROVISION FOR REST AND RETURN FACILITIES DURING AN INITIAL THREE YEAR PERIOD. THE MIGRANT ENTRY VISA HAD TO BE 'ACTIVATED'' WITHIN

ONE YEAR: THIS WOULD INVOLVE THE MIGRANT COMING TO AUSTRALIA WITHIN

THE VALIDITY OF HIS MULTIPLE ENTRY/EXIT VISA. IN THEORY THERE

WAS NOTHING TO PREVENT THAT MIGRANT LEAVING AUSTRALIA AGAIN AFTER ONE DAY. WITHIN THE INITIAL THREE YEAR PERIOD THAT PERSON

COULD ENTER AND LEAVE AUSTRALIA AS OFTEN AS HE/SHE WISHED. HOWEVER, AT THE END OF THE THREE YEAR PERIOD IF THE MULTIPLE ENTRY/EXIT VISA WERE TO BE RE-ISSUED UNDER THE NORMAL FIVE YEAR

REST AND RETURN FACILITIES, TWO YEARS RESIDENCE IN AUSTRALIA DURING THE INITIAL THREE YEAR PERIOD WAS REQUIRED. THERE WERE

CERTAIN EXCEPTIONS TO THE TWO YEAR RESIDENCE REQUIREMENT SUCH AS

FOR PEOPLE POSTED OVERSEAS BY AUSTRALIAN COMPANIES OR GOVERNMENT DEPARTMENTS, PEOPLE TRAVELLING OVERSEAS AS PART OF THE FAMILY UNIT OF AN AUSTRALIAN NATIONAL, OR PEOPLE WHO HAD ENTERED AUSTRALIA UNDER THE BUSINESS MIGRATION PROGRAMME (BMP), ESTABLISHED A

BUSINESS AND WERE THEN OBLIGED TO TRAVEL OUTSIDE AUSTRALIA IN

CONNECTION WITH THAT BUSINESS. IMMIGRATION DEPARTMENT COMMENTED

THAT IT WAS CONCEIVABLE THAT SOME HONG KONG MIGRANTS TO

AUSTRALIA MIGHT FALL INTO SOME OF THESE CATEGORIES OF EXEMPTION, PARTICULARLY IF THEY ENTERED UNDER THE BMP OR WERE EMPLOYEES

OF AN AUSTRALIAN COMPANY WHICH RE-POSTED THEM BACK TO HONG KONG.

2. WE HAVE OF COURSE RE-EMPHASISED TO IMMIGRATION DEPARTMENT

THE DIFICIENCIES FROM OUR POINT OF VIEW IN THEIR EXISTING ARRANGEMENTS. HOWEVER, AS MY T.U.R. REPORTED WE CANNOT EXPECT

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