CONFIDENTIAL
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5.
One of the purposes of the Bill (and apparently of the United Kingdom Immigration Bill) is to remove the disparity in treatment between aliens and Commonwealth citizens. The latter will no longer enjoy a preferential position in the United Kingdom (save in certain limited respects) and it is thought inappropriate that they should continue to enjoy in Hong Kong the special position which they now enjoy under the Deportation (British Subjects) Ordinance. Clause 17 has, however, been amended to provide that an immigrant may be deported only if convicted of an offence punishable with imprisonment, or if his deportation is deemed to be conducive to the public good. There will then be no essential difference between the powers conferred on the Governor in Council by the clause and the powers conferred on the Home Secretary by the United Kingdom Immigration Bill.
6.
We have reconsidered the question of who should be deemed to belong to the Colony and thus be immune from deportation or removal. It is proposed that the following additional categories should be deemed to be belongers :
(a) the wife or child of a person born in
Hong Kong or of a British subject by naturalisation in Hong Kong, and registered in Hong Kong under sub- section (2) of section 6 or section 7 of the British Nationality Act 1948.
(b) Commonwealth citizens who are registered
in Hong Kong under the proposed discretionary new section 5A of the British Nationality Act; this category will be regarded as belongers only when the United Kingdom Immigration Bill comes into operation.
I recognise that consideration should be given to other citizens of the United Kingdom and Colonies who do not belong to Hong Kong, and who can never become belongers by naturalisation or registration in Hong Kong. I am advised that, in the U.K. Immigration Bill, citizens of the United Kingdom and Colonies who do not belong to the United Kingdom will become patrials after 5 years residence in the United Kingdom. Since, however, time spent on conditional stay will not count towards the five years, and since such persons will normally be on conditional stay for at least 4 years, in practice a minimum of 9 years' residence will be required. the circumstances, it is proposed to exempt from deportation any
In citizen of the United Kingdom and Colonies who has been ordinarily resident in Hong Kong for more than 10 years.
7.
In the light of the objections put forward by Wilford, it is proposed to delete clause 55(2).
8.
I enclose a copy of the Bill, with clauses 15, 16 and 17 amended as described above. Please also refer to the proposed
CONFIDENTIAL
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