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PRIORITY
CYPHER/CAT A
FM HONG KONG 100333Z
CONFIDENTIAL
CONFIDENTIAL
REGBIRTA.
TOSEP 1971
HKK 18/10
Lur Curi
37
TO PRIORITY FCO TELMO 648 OF 10TH SEPTEMBER 1971.
YOUR TELEGRAMS NOS 628 AND 639.
IMMIGRATION BILL.
27
༣
(33)
SECOND READING HAS BEEN DEFERRED UNTIL 1ST OCTOBER. I PREFER
TO AMEND BILL AT COMMITTEE STAGE IN THE NORMAL MANNER RATHER THAN FOLLOW ANY OF THE COURSES PROPOSED IN PARA 7 OF YOUR TELNO 628.
2. YOUR TELNO 628: PARA, 2
THE POWER TO REFUSE PERMISSION TO LAND IS ALREADY RESTRICTED
TO THE RANK OF SENIOR IMMIGRATION OFFICER AND ABOVE UNDER EXISTING
ADMINISTRATIVE DIRECTIONS, AND THIS PRACTICE WOULD CONTINUE,
3. PARAGRAPH 4. PROVISION WILL BE INSERTED IN THE BILL TO PROVIDE
FOR A JUDICIAL ENQUIRY INTO CASES OF REMOVAL OF CITIZENS OF THE
U.K. AND COLONIES UNDER CLAUSE 17(1)(C) OR CLAUSE 18, ON THE
LINES PROPOSED IN THIS PARAGRAPH. THE AMENDMENT WILL PROVIDE THAT
NO SUCH ENQUIRY SHALL BE REQUIRED IN CASES WHERE A COURT RECOMMENDS
DEPORTATION OR WHERE THE GROUNDS SET OUT IN PARAGRAPH 2(A) OF
YOUR TELEGRAM NUMBER 639, APPLY
33
4. PARAGRAPH 5. UNDER THE PRESENT DEPORTATION (BRITISH SUBJECTS) ORDINANCE, A BRITISH SUBJECT MAY BE DEPORTED, WITH YOUR
CONCURRENCE, IF RESIDENT FOR UP TO 7 YEARS IN THE COLONY, I SUGGEST
THAT THE PERIOD OF 10 YEARS IN CLAUSE 19 CAN THEREFORE BE JUSTIFIABLY
REDUCED TO 7, RATHER THAN TO 5, AND INDEED THE REASONS BEHIND
THE UK LEGISLATION AND THE DIFFERENT NATURE OF THE IMMIGRATION
PROBLEM HERE AND IN THE UK WOULD SEEM TO MAKE IT NOT NECESSARILY
APPROPRIATE FOR THE SAME PERIOD OF QUALIFYING OF RESIDENCE TO
APPEAR IN BOTH LAWS.
5. THERE HAS BEEN SOME LOCAL PRESSURE TO ACCORD TO ALIEN
CHINESE A DEGREE OF PROTECTION AGAINST DEPORTATION SIMILAR
TO THAT PROPOSED FOR CITIZENS OF THE UK AND COLONIES IN CLAUSE 19, IN THE RATHER PECULIAR CIRCUMSTANCES HERE, IT SEEMS NOT UNREASON- ABLE THAT ALIENS (EFFECTIVELY, CHINESE) WHO HAVE MADE THEIR
PERMANENT HOMES IN THE COLONY AND HAVE NOWHERE ELSE TO GO SHOULD
/APPEAR
CONFIDENTIAL