CONFIDENTIAL
COMMENTARY ON HONG KONG DRAFT IMMIGRATION AND DEPORTATION BILL
Clause 15
This clause permits an immigration officer to order the removal of a person who has been refused permission to land, subject to a time limit of six months. This period seems unduly long, particularly in comparison with the two months within which removal may be ordered in similar circumstances in the United Kingdom. Is there a particular reason for the extension from two to six months?
Clause 16
Under
wide powers of removal are conferred by this Clause. it the Governor would be able to order the removal of a person detected after illegal entry regardless of when this took place, or of any immigrant (including a British subject) with less than five years residence in Hong Kong who is, in the opinion of the Governor, an undesirable person. Moreover such an order may be made summarily without conviction for any offence. There are no analogous powers in the United Kingdom where the removal of an alien or of a Commonwealth citizen may be ordered only if he is refused entry or if he is found here after having landed illegally and provided, as mentioned above, that no directions for removal may be given if the person concerned has been in the United Kingdom for two months or more.
Clause 17
The provisions of this clause represent a somewhat drastic departure from those of the Deportation (British subjects) Ordinance (Chapter 239) which was introduced into Hong Kong law as a result of the Secretary of State for the Colonies circular confidential despatch no. 30301/1/34 Genl. of 15 September 1934. The clause would also give the Governor in Council greater powers than those of the Home Secretary, who may make a deportation order against either an alien or a Commonwealth citizen on the recommendation of a Court which has convicted the offender of an offence punishable with imprisonment, or if the offender is found to be in breach of landing conditions. In addition, the Home Secretary may order the deportation of an alien if he deems it to be conductive to the public good. This provision may be extended to certain Commonwealth citizens under the proposed new UK Immigration Bill, but any person against whom a deportation order is made in the United Kingdom has a right of appeal.
/Clause 55(2)
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CONFIDENTIAL