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immigrant who is not a patrial.
Once a
Commonwealth citizen has been admitted to the
United Kingdom he can be removed only by formal
deportation procedure. Under current United
Kingdom legislation (Immigration Appeals Act 1969)
there is provision for a two-tier system of appeal
(which applies alike in the cases both of citizens
of the United Kingdom and Colonies and of aliens)
against decisions of the Executive.
Appeals lie
to an Adjudicator and thence to an Appeals
Tribunal. These bodies are independent of the
Executive and their directions are binding on the
Home Secretary. With some modifications in the
area of security cases, the Immigration Bill now
before Parliament will not alter this situation.
4.
We recognise that it would be neither
appropriate nor desirable for such an appeal systen
to be applied to Hong Kong. But although content
with the terms of Clause 49 of the Hong Kong Bill,
so far as they go, Ministers consider that in the
absence of any recommendation by a Court, there
should be some provision for a judicial enquiry
(on the lines of that provided for in the Deportation (British Subjects) Ordinance) into cases
involving the removal under Clause 17(1)(c) or the
deportation under Clause 18 of citizens of the
United Kingdom and Colonies. The results of such
enquiry should be made available to the Governor
or the Governor-In-Council, as the case may be,
in the form of recommendations or advice which
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/would be
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