TNAG-2205-FCO40-3162-Immigration-policy-changes-to-rules-1990 — Page 61

CONFIDENTIAL

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1627

нио

341/1

RECEIVER

10SEP 1990 TOP COPY

OF 04142OZ SEPTEMBER 90

DESK OF

180

PA

Q DIST?

YOUR TELNO 2520: CHANGES IN THE IMMIGRATION RULES: CASE OF

MR AU YEUNG

155427

MDHOAN 5959 93

1.

WE HAVE TAKEN UP WITH THE HOME OFFICE THE POINTS RAISED IN TUR. WE HAVE NOW RECEIVED THEIR CONSIDERED COMMENTS.

2.

WE ARE GLAD THAT WE ARE ALL AGREED THAT, ON HIS OWN ADMISSION MR AU YEUNG RENDERED HIMSELF INELIGIBLE FOR ENTRY AS A RETURNING RESIDENT. THERE IS HOWEVER OBVIOUSLY A MISUNDERSTANDING ABOUT THE NORMAL PROCEDURES WHICH IMMIGRATION OFFICER ADOPT WITH ARRIVING PASSENGERS. IT HAS ALWAYS BEEN PERFECTLY NORMAL PROCEDURE FOR THEM TO ASK A FEW STANDARD QUESTIONS TO ESTABLISH ON WHAT BASIS THE PASSENGER SEEKS ENTRY, SO THAT THE APPROPRIATE STAMP CAN BE PLACED IN THE PASSPORT (WE IMAGINE THAT HKIO OFFICERS FOLLOW SIMILAR PROCEDURES). WE NOTE THAT MR AU YEUNG CANNOT RECALL THIS HAVING HAPPENED BEFORE: BUT HE CAN BE ASSURED THAT THERE HAS BEEN NO CHANGE OF PRACTICE. AS MR MAUDE POINTED OUT IN HIS LETTER OF 27 JUNE TO THE GOVERNOR, THERE IS NO CHANGE OF SUBSTANCE IN THE AMENDMENT TO PARAGRAPH 58 BUT MERELY CLARIFICATION OF THE EXISTING RULE.

YOU ASK ABOUT THE POSSIBILITY OF AN APPEAL UNDER PARAGRAPH

93 OF THE RULES. THE ANSWER IS THAT THERE IS NO SUCH

POSSIBILITY NOW.

MONTHS ON 12 JUNE

3.

MR AU YEUNG WAS GRANTED LEAVE TO ENTER FOR SIX 1990. THIS LEAVE AUTOMATICALLY LAPSED WHEN HE

JUNE BY VIRTUE OF SECTION 3(4) OF MR AU YEUNG DID NOT APPLY FOR

LEFT THE UNITED KINGDOM ON 20

THE IMMIGRATION ACTION 1971. VARIATION OF HIS LEAVE DURING HIS SHORT STAY IN THE UNITED KINGDOM. HAVING LEFT THE UK, HE CANNOT NOW MAKE SUCH AN APPLICATION AS THAT LEAVE IS NO LONGER EXTANT. IF WHILE IN THE UK MR AU YEUNG HAD APPLIED FOR VARIATION OF HIS LEAVE, THAT APPLICATION WOULD ITSELF HAVE LAPSED WHEN HE LEFT THE UK ON 20

JUNE.

4. AS REGARDS OTHER AVENUES OPEN TO HIM, MR AU YEUNG COULD APPLY AGAIN FOR AN ENTRY CLEARANCE AS A RETURNING RESIDENT. HOWEVER, SUCH AN APPLICATION WOULD STAND NO CHANCE OF SUCCESS. MR AU YEUNG CANNOT NOW QUALIFY FOR ADMISSION AS A RETURNING

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CONFIDENTIAL