Telegram ha
столот.
ANG
3.9.71.
Mr Gaminara
1. Paragraph 2 of Hong Kong tel. No. 625 is based, I think, on the first draft of the Bill presented to Parliament and was true at that time, except that I am not altogether sure what the Governor means by "or departure". The Governor was originally sent a copy of this first draft. During the Committee Stage in the House of Commons the Government accepted a proposition that where a person whose deportation from the United Kingdom had been decided by the Home Secretary on the grounds that his presence here was not conducive to the public good, or that the Home Secretary had decided not to extend a person's period of stay, and the person was in the United Kingdom, there would be a right of appeal against the decision. There is no such appeal in "not conducive to the public good" cases where the applicant is outside the United Kingdom.
2. The present position is as follows:
a.
b.
C.
Cases where the Home Secretary decides that a person's deportation or exclusion from the United Kingdom is desirable on grounds of nationality security or for political reasons affecting our relations with other countries no right of appeal.
When we spoke the other day you told me that as far as Hong Kong was concerned, all "political" cases could be reckoned to be security ones. Exclusion from the United Kingdom in this context means refusal to issue a visa or entry certificate or to admit at a UK port.
Cases where the Home Secretary decides that a person's deportation from the United Kingdom is desirable on the grounds that a person's presence here is not conducive to the public good, or where for the same reason the Home Secretary decides not to extend a person's permitted stay, and the person is already in the United Kingdom a right of appeal.
Cases where the Home Secretary decides that a person's exclusion from the United Kingdom is desirable on the grounds that his presence would not be conducive to the public good and the person is not in the United Kingdom no right of appeal.
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3. I have read the drafts attached to your Department's file (HKK 18/10) and passed them on to Nationality and Treaty Department.
3 September 1971
8. R. Pet
TG Streeton
Migration & Visa Dept CL 635 Tel: B226