ER
4. I should mention one somewhat technical point, as it appears
to have been raised in the meeting. Mr Au Yeung was not refused
leave to enter as a returning resident, and the indefinite leave
he had been granted on previous occasions was not cancelled pr withdrawn. Under immigration law a person's leave lapses when he or she departs from the Common Travel Area and on return a
case has to be made out for a new leave to be granted. It is
a popular misconception that a person in Mr Au Yeung's position
has his indefinite leave 'taken away' by the Immigration Officer
at the port of entry whereas in
in fact a person who
who seeks
admission as a returning resident is applying for a new grant of
indefinite leave.
In Mr Au Yeung's case, however, the
Immigration Officer quite properly took the view that Mr Au Yeung was seeking admission as a visitor, not a returning resident, and
accordingly admitted him on that basis.
5. I attach a draft letter which explains the operation of the rules relating to returning residents and the background to Mr Au Yeung's case. It also points out that following the Rules
change the number of Hong Kong BDTCS admitted as returning residents has been exactly in line with previous years.
VIVIENNE DEWS
...*Page 16
E.R
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