RS
Reference........ HK 18/10
7
The UK Immigration Bill has now passed the House of Lords Committee Stage and subject to unforeseen developments we now know the general shape of the new legislation.
The points that need to be made to Hong Kong are I suggest:-
1)
the Government has now decided to amend the UK Bill to provide that Citizens of the UK and Colonies who belong to dependent territories and will cease to be subject to immigration control after 5 years residence in the UK. This will apply to those who come from Hong Kong with work permits and whose first four years residence may be subject to time and other conditions of stay. To match UK legislation in this regard I recommend that Citizens of the UK and Colonies resident in Hong Kong for five years should be exempt from deportation.
2) The Government has decided to make changes in the provisions for appeals against deportations and now intend to draw a distinction between appeals against grounds of
'not conducive to the public good' from those already in the UK and those refused admission. For those already here an appeal can be made through the normal appeals procedure by those being expelled for reasons other than security and international relations. Such cases are rare and would include those persons who after arrival are found to be objectionable because for example they are notorious convicted (or unconvicted) criminals or associates of criminals, neo-Nazis etc. A modified form of appeal is to be given to those to be expelled for security or political reasons. While the details have not yet been fixed the intention is that they will be able to make representations to a three man advisory body which will tender advice to the Home Secretary.
From verbal enquiries I have received and letters to the Hong Kong Government Office in London I sense that UK citizens will be concerned that they may not enjoy the same rights of appeal against immigration decisions as will be available here.
It will be necessary to emphasise that clause 49 generally provides for representations to be made against immigration decisions. Would it be possible to explain that 49 (6) while denying any entitlement
to object to a decision of the Governor or the Governor in Council t not precludes the lodging of representations?
does
De Gardner
18 August 1971
J H
Mallett Migration and Visa Department