c)
d)
e)
This power is now used very restrictively, in line with statements of policy made to Parliament in 1981. Even if more relaxed criteria were adopted, it could not be used to help people working in the private sector. The power is explicitly limited to Crown Servants. Nor could a relaxation of existing practice be ring-fenced and applied only to Crown Servants in Hong Kong without strong risk of judicial review on behalf of present or former Crown Servants from other Dependant Territories.
Immigration Rules: Entry Clearance for Business People
Under the immigration rules, a business man or woman may be given entry clearance to come here if he or she will invest at least £150,000 in Britain in order to start a new business and to employ at least two people. The investment must be shown to be useful to the United Kingdom and the applicant also has to show that he or she can support his family without recourse to public funds. Entry clearance by this route is initially for twelve months, renewable for a further three years after which settlement is normally granted.
This arrangement does not provide an answer to Hong Kong's problems. Many of the people whose presence in the colony is essential to good government and continued prosperity will not have such sums of money. They may be high salary earners or have specialised skills, but they will not necessarily own large amounts of liquid capital. More important still, is the fact that this rule makes provision only for people to come to the United Kingdom and live here. It is not possible for a business man to obtain a right of entry here by investing in this country while continuing to live in Hong Kong.
Immigration Rules: 'Persons of Independent Means'
Someone who has a close personal connection with the UK, and who has at least £150,000 liquid capital or at least £15,000 annual income may obtain entry clearance to come to the United Kingdom. Entry clearance is normally for twelve months, renewable for four years. People admitted on this basis are not allowed to work in Britain and must also show that they can support themselves and their dependants without recourse to public funds.
This arrangement shares the same disadvantages as the rule concerning business people. It was designed primarily to allow rich elderly people with strong connections to Britain to retire to this country and would be inappropriate for Hongkongers ready, willing and qualified to work.
Refugee Status or Political Asylum
Parties to the United Nations Convention on Refugees 1951 are obliged to grant political asylum to people arriving on their shores with "a well founded fear of persecution". So far as Hong Kong is concerned, this could only apply to people who left the territory after 1997 and who actually came here and made their claim for asylum within this country. The Convention can do nothing to help keep key people in the colony in the immediate
100
Page 195Page 196
No comments yet.
Private notes are available after approval.