C322
IMMIGRATION BILL
Kong for a continuous period of ten years (clause 19). Though such persons may be refused permission to land in Hong Kong on their return from abroad in the same way as aliens and other British subjects (paragraph (b) above), they will not be subject to conditions of stay if they are permitted to land. Since they are also not liable to deportation (paragraph (f) below), the effect is that any such person who is admitted to Hong Kong will have a right to remain as long as he wishes.
Since conditions of stay regulating the taking of employment and certain other matters are invariably imposed in the case of most immigrants, the Bill further provides that the Governor in Council may prescribe such conditions by regulation and deems permission to land in Hong Kong to be subject to the prescribed con- ditions.
(d) A new control on resident immigrants who have been in Hong Kong for less than three years is introduced by clause 17(1)(c), under which the Governor may order the removal of any such immigrant whom he con- siders to be an undesirable person.
(e) The Governor's power to order the removal of illegal immigrants and those in breach of conditions of stay is retained (clause 17(1)(b)), but a conviction will no longer be a pre-requisite to the making of an order. At present it is often necessary to bring a prosecution for the sole purpose of enabling the Governor to order removal, when the public interest would not otherwise require that the offender be prosecuted.
(f) British subjects in general will no longer enjoy a special position with respect to deportation and, with the exception of citizens of the United Kingdom and Colonies who have been ordinarily resident in Hong Kong for a continuous period of ten years (clause 19), will be liable to deportation on either of the grounds specified in clause 18(1) in the same way as aliens.
REMOVAL PROCEDURE.
The existing provisions with respect to the removal by sea or air of persons who are refused permission to land are too limited in that the Director of Immigration may require removal only in the ship or aircraft in which such person arrived. Removal otherwise than in that ship or aircraft has to be at the public expense. Clause 20 makes new provision in this respect
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