TNAG-2180-FCO40-3117-Hong-Kong-nationality-international-support-1990 — Page 116

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HONG KONG: RETURNING RESIDENT RULES

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1. My minute of 22 March outlined the rules. I had another word with John Baker (Director, Immigration and Refugee Programme Coordination, DEA) about the "flexibility" offered by the Canadian system.

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Baker told me that the rules did not specify a residential qualifying period before an application for a Returning Resident permit could be made. In theory, an immigrant could come to Canada and apply almost immediately by stating a good case.. However, in practice, this was rarely done. The onus would be on the immigrant to demonstrate an attachment to the country An instantaneous attachment would stretch credibility. 3. Baker outlined a typical scenario whereby a Hong Kong businessman would come to Canada, purchase a property and *** Je, deposit his wife and children in it for up to a year, during which time he would travel between Hong Kong and Canada on an immigration visa. After approximately six months to a year, having demonstrated an ättachment to Canada, the businessman might then, apply for a Returning Resident permit on the pretext Yor reason) that he is winding down his business affairs in Hong Kong to le The permit may be issued for a one or two year period and is renewable. However, the likelihood of it being renewed more than a couple of times is remote. Baker said that more often than not, the businessman would soon realise duirng his initiäl period of travel (either on the basis of his immigration visa or subsequent permit) that his entry and departure details were not being recorded in his passport and might decide to travel without securing further permits.

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4. The foregoing suggests that only a certain class of Hong Kong citizen (ie one with the assets and business interests to validate the need to return) would be in a position to take advantage of the flexibility offered by current Canadian rules This Po arrangement goes some way towards meeting our objectives. However, we should recognise that people in other occupational groups (eg pqlicemen, nurses, teachers and managers) the retention of whor we also regard as important for the continuing success of Hong Kong's economy, are not in a position to benefit,

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Baker said that he had seen a report of our call on Ar M. Chretien (our telno 234) on 22 March. Speaking personally he thought that it was unlikely that the rules would be altered to meet our purposes. He also thought it unlikely that our idea of instructing immigration officers to exercise more 'discretion” favour of Hong Kong Returning Resident applicants would be taken up. He said that a recent Federal Government ruling which had highlighted the question of immigration officers' discretionary powers (press cutting attached) had caused major embarrassment for the Government. He doubted that the Immigration Service would *** willingly put itself into such a position again.

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Alan Penrith RESTRICTED

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