TNAG-2205-FCO40-3162-Immigration-policy-changes-to-rules-1990 — Page 131

CONFIDENTIAL

the Hagere

Надеж

нко 341/1

RECEIVED IN REGISTRY

JZAJC 1990

من

From:

Paul Fifoot

Legal Advisers

Date:

20 June 1990

DESK OFFICER

INDEX

PA

REGISTRY

Actuan Tukur

Mr Paul, HKD

HONG KONG: CHANGES TO PARAGRAPH 58 OF THE IMMIGRATION RULES

1.

The text of Rule 58 prior to 1 May was as follows:-

"A passenger returning to the United Kingdom from overseas (except one who received assistance from public funds towards the cost of leaving this country) is to be admitted for settlement on satisfying the immigration officer that he had indefinite leave to enter or remain in the United Kingdom when he left and that he has not been away for longer than 2 years.

This was ambiguous.

It could mean (I) that a passenger who

satisfied the immigration officer that:-

(a) he had indefinite leave to enter or remain in the UK;

and

(b) he had not been away for longer than two years,

must be admitted for settlement.

Alternatively, (II) it could mean a passenger who satisfied the immigration officer that:-

X

(a)

(b)

he had indefinite leave to enter or remain in the United Kingdom; and

he had not been away for longer than 2 years,

must be admitted for settlement,

(c)

if he was then seeking to settle in this country (ie to become "ordinary resident" in this country).

In both cases (a) and (b) are facts but, in the second, (c) is additional and refers to a present intention.

2. A current text on this subject, Macdonald's Immigration Law and Practice, appears to favour the former construction. On page 264 the author says that the Rule "gives an absolute right of return if the person has been away for less than 2 years", .and on the next page he states:

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