CONFIDENTIAL
existence of judicial remedies (habeas corpus) where
appropriate.)
Under current United Kingdom legislation (the
Immigration Appeals Act 1969) there is a two-tier system
of appeals against Executive decisions which applies alike
in the case of citizens of the United Kingdom and Colonies
and aliens. There is an appeal to an adjudicator and
thence to an appeals tribunal, or in some cases an appeal
direct to a tribunal. These bodies are independent of
the Executive and their directions are binding on the Home
Secretary. Apart from some modifications in the area of
security cases the United Kingdom Immigration Bill will not
alter this situation. There is to be no right of appeal
in cases certified by the Home Secretary as involving
security considerations.
6.
It would be neither appropriate nor desirable for the
United Kingdom system to be applied as it stands to Hong Kong.
The circumstances obtaining in this country are very different
from those in Hong Kong and the position of the Home Secretary
in the United Kingdom is very different from that of the
Governor or the Governor-in-Council in a Dependent Territory.
However, it is considered that in certain cases involving the
removal or deportation of citizens of the United Kingdom and
Colonies from Hong Kong there should be provision for recourse
to some form of independent authority (such as a Judge in
Chambers): such authority would make recommendations to the
Governor or Governor-in-Council, as the case may be, before
decisions whether to remove (under Clause 17 (1) (c)) or deport
(under Clause 18) were taken. Such a provision would be in
line with the attitude recently taken in connection with
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/immigration