CONFIDENTIAL
Hong Kong legislation dealing with the deportation of British
subjects 7 years is the qualifying period of residence to
exempt a British subject from deportation; and partly on
"the different nature of the immigration problem" in Hong Kong.
On the grounds of uniformity between United Kingdom practice
and Hong Kong practice Migration and Visa Department would
prefer to see 5 years as the period. They are however,
prepared to accept 7 years having regard in particular to the
proposal in paragraph 5 of Hong Kong telegram No 648 that the
exemption from deportation and conditions of stay (which is
provided under clause 19 for citizens of the United Kingdom
and Colonies with the necessary residential qualification)
should likewise be provided for aliens possessing the same
residential qualifications. This exemption (in the case of
aliens) would not apply in cases involving conditions of
public security or political considerations affecting relations
with other countries.
5. The Governor has reported that there has been a certain
amount of local pressure to accord this degree of protection to
alien Chinese and since more than 98% of the population of
Hong Kong is Chinese ethnically, the protection would in
practice be virtually confined to alien Chinese. It is in
any event impossible to deport alien Chinese to China since the
CPG will not accept deportees from Hong Kong;
moreover, many
of these people have no other home but Hong Kong and in these
circumstances it seems reasonable and harmless to allow them
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CONFIDENTIAL
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