CONFIDENTIAL
15
MDHOÀN
RESIDENT UNDER PARAGRAPH 58 OF THE RULES, EVEN IF HE WISHED TO RESUME PERMANENT RESIDENCE IN THE UNITED KINGDOM, AS HE DID NOT HAVE INDEFINITE LEAVE WHEN HE LAST LEFT. NOR WOULD HE QUALIFY FOR ADMISSION AS A RETURNING RESIDENT UNDER PARAGRAPH 59, AS HE HAS CLEARLY NOT LIVED IN THE UNITED KINGDOM FOR MOST OF HIS
LIFE.
5
WE ARE NOT AT ALL SURE THAT THERE IS NECESSARILY ANY CONFLICT BETWEEN THE CLARIFICATION OF RULE 58 AND THE INTENTIONS OF THE NATIONALITY BILL. AS THE HOME SECRETARY COMMENTED IN THE HOUSE ON 15 MAY, WHAT MANY OF THOSE WHO WERE WORRIED ABOUT THE CHANGE SEEMED TO BE ARGUING FOR WAS, NOT A PROVISION FOR RETURNING RESIDENTS, BUT A NEW STATUS OF PERPETUAL PERMANENT RESIDENCE TO BE OPEN TO SOMEONE WHO HAS HIS PERMANENT HOME ELSEWHERE AND WHO MAKES A FLEETING VISIT TO THE UK ONCE EVERY TWO YEARS. MR AU YEUNG HAS NOT LIVED IN THE UNITED KINGDOM SINCE 1980. HE SPENT 8 DAYS IN THE UNITED KINGDOM IN JUNE 1990. BY NO STRETCH OF THE IMAGINATION CAN HE, OR OTHERS IN SIMILAR CIRCUMSTANCES BE REGARDED AS RETURNING RESIDENTS.
HURD
YYYY
MAIN
68
.HK AGREEMENT NATIONALITY
LIMITED
HKD
HD/FED
HD/NTD
HD/CONSULAR D
NEWS D
PUSD
DISTRIBUTION
82
PS
PS/MR GAREL-JONES PS/LORD CAITHNESS
PS/PUS
MR MCLAREN
MR BURNS
MR BLATHERWICK MISS SPENCER
ADDITIONAL
14
HK AGREEMENT NATIONALITY CR MILLER, HOME OFFICE
(LUNAR HOUSE)
MR FIFOOT, LEGAL ADV MS BARRETT, LEGAL ADV
2
PAGE
CONFIDENTIAL
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