CONFIDENTIAL
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XCC(71)34
the United Kingdom and Colonies should not be in a substantially worse position in this respect than aliens or Commonwealth citizens. The period of 10 years residence proposed by clause 19 corresponds roughly with the period proposed in the new United Kingdom Immigration Bill for citizens of the United Kingdom and Colonies, such as Hong Kong belongers, to be- come 'patrials' or UK belongers.
Removal, Deportation, Detention
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Clause 16 will empower an immigration officer to remove from Hong Kong an immigrant who is refused permission to land in Hong Kong within two months of such refusal, or an immigrant member of a ship's crew who contravenes certain conditions of stay. Such removal will be at the expense of the owners or agents of the ship or aircraft in which the immigrant arrived in Hong Kong. (Clause 20).
Clause 17 empowers the Governor to make a removal order
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against:
(a)
an immigrant who has been refused permission to land outside the two month period referred to in clause 16;
(b)
(c)
an immigrant who has entered illegally or over- stayed or who is in breach of a condition of stay;
and
an undesirable immigrant who has been ordinarily resident in Hong Kong for less than 3 years.
It will no longer be necessary for a conviction to be obtained against an illegal immigrant, or overstayer, or person in breach of a condition of stay, before his removal may be ordered. The expenses of removal under clause 17 will be met from funds provided by the Legislative Council, save that the Colonial Secretary may apply towards such expenses any money belonging to the person to be removed (clause 21).
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Clause 18 provides that the Governor in Council may make a deportation order against any immigrant (whether a British subject or an alien) who is found guilty in Hong Kong of any offence punishable with im- prisonment, or whose deportation the Governor in Council deems to be con- ducive to the public good. A deportation order may not, however, for the reasons explained in paragraph 6 above, be made against an immigrant who is a citizen of the United Kingddom and Colonies and has been ordinarily resident in Hong Kong for a continuous period of 10 years (clause 19).
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Clause 22 permits an immigration officer of the rank of chief immigration officer or above or police officer of the rank of assistant superintendent or above to detain for not more than 7 days for inquiries connected with the Ordinance. The present permitted period of detention is 4 days which experience has shown to be sometimes inadequate.
CONFIDENTIAL