(134392) Dd. 737115 750M 4/70 Hw.
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SECURITY CLASSIFICATION
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Secret.
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DRAFT
Type 1 +
From
To:-
Commentary
o
draft. Immigration ani
Bill.
Hong Kong
Deportation
Telephone No. & Ext.
Department
of a person de-
tected after illegal entry regardless of when this took place,
Or
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.
reason for the extension from two to six months?
Clause 16
Is there a
particular
Under it
^
this
Wide powers of removal are conferred by the Clauseon
the Governor who would be able to order the removal of
0
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
for the Colonies
Statez
law as
a result of the Secretary of State circular