CONFIDENTIAL
individual cases to curtail the stay of persons in this
category.
It is true that Commonwealth citizens will normally
be admitted to the United Kingdom on time conditions and
that it is only when they have been here for more than
five years that those conditions will be revoked.
Nevertheless it is considered that the exercise of the
power conferred on the Governor by this Clause should be
subject to some form of judicial enquiry (see paragraph 6
below).
Clause 18. This empowers the Governor-in-Council (subject
to Clause 19 see below) to deport any immigrant
(including a citizen of the United Kingdom and Colonies)
who has been found guilty in Hong Kong of any offence
punishable with imprisonment or if the Governor-in-Council
deems it to be conducive to the public good.
The Governor has stated that one of the purposes of the
United Kingdom Immigration Bill is to remove the disparity
in treatment between aliens and Commonwealth citizens; that
the latter will no longer enjoy a preferential position in
the United Kingdom (save in certain limited respects);
and that it is accordingly considered inappropriate that
Commonwealth citizens should continue to enjoy in Hong Kong.
the special position that they at present have under the
Deportation (British Subjects) Ordinance see paragraph 3
above. He considers that there will be no essential
difference between the powers conferred by this Clause on
the Governor-in-Council and those conferred on the Home
Secretary by the United Kingdom Bill.
generally correct.
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CCNFIDENTIAL
This conclusion is
/Clause 19.