CONFIDENTIAL
B
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XCC(72)23
EXERCISE OF POWER TO REFUSE PERMISSION TO LAND
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Section 7 of the Immigration Ordinance provides
that any person who wishes to land in Hong Kong must obtain the permission of the immigration officer unless he has the right to land in Hong Kong by virtue of section 8 of the Ordinance or may land in Hong Kong as a member of the crew of an aircraft or a serviceman, without permission by virtue of sections 9 and 10 of the Ordinance. Under sections 9(1) and 11(1) of the existing Immigration (Control and Offences) Ordinance (Chapter 243), the categories of persons who may be refused permission to land and the circumstances under which the power of refusal is exer- cised by an immigration officer are set out in detail for the guidance of the immigration officer. However, no such provisions exist in the new Immigration Ordinance. The Director of Immigration considers that for the proper exercise of control and protection of the immigration officers exercising the power of refusing permission to land, a directive similar to the provisions in the old Immigration (Control and Offences) Ordinance should be issued. The Legal Department has advised that such a directive may be issued by the Director of Immigration in the form of a Depart- mental Standing Order for the use of immigration officers. The proposed directive is attached at Annex B for the information of Honourable Members.
CONTROL OF UNITED KINGDOM BELONGERS
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Section 8 of the new Immigration Ordinance confers the right to land in Hong Kong on resident United Kingdom belongers and Chinese residents (i.e. those who have resided in the Colony for a con- tinuous period of seven years), as well as on Hong Kong belongers. British servicemen may also land in Hong Kong without permission of an immigration officer. All other persons, whether British subjects or aliens, will be subject to immigration control and the Ordinance confers on the Director of Immigration power to impose conditions of stay on anyone other than a person who has the right to land in Hong Kong.
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When the Ordinance is brought into force, a limit of stay will therefore be imposed upon United Kingdom belongers with less than seven years continuous residence in the Colony, although it is not intended to require them to obtain visas for entry into Hong Kong nor to apply to them the policy on entry for employment or residence relating to aliens or Commonwealth citizens. The initial period of stay will be for six months, followed by further periods of three years and three years, leaving a final period of six months in which to decide whether the individual should be allowed to complete his seven years' residence in Hong Kong and thereby acquire exemption from control as a resident United Kingdom belonger. The six-month initial limitation of stay will not be applied to a United Kingdom belonger, or members of his family accompanying him, appointed from outside Hong Kong to a post with the Hong Kong Government. The period of stay to be granted in such cases will normally be linked to the length of the officer's appointment, e. g. 3 years if on a 3 year contract. These controls will be laid down in Departmental Standing Orders in the same way as the existing controls over Commonwealth citizens and aliens.
CONFIDENTIAL