or after 1 January 1983 who, although born in Hong Kong, will not be belongers, for the imposition of conditions of stay on such persons and, where appropriate and after due process, for their removal from Hong Kong.
15
Until this Bill is enacted there will be no statutory authority to subject non-belongers who are born here to immigration examination, conditions of stay and removal.
The legislative programme
16
Simply for the information of Members, the latest possible timings for the enactment of these Bills before.
1 January 1983 which avoid taking all three readings in one day, utilise scheduled Legislative Council meetings and observe the two-weekend rule for Executive Council memoranda are set out in the Annex. Essentially the memoranda would have to be issued or reissued to Members by 12 November 1982.
Retrospective enactment
17
In the event of the Immigration (Amendment) (No 2) Bill not being enacted before 1 January 1983 subsequent but : retrospective enactment to 1 January 1983 would, of course, be possible but totally wrong in principle because the main effect would be to deprive persons of acquired rights and status. Similar objections of principle do not arise in respect of retrospective enactment of the British Nationality Act (Miscellaneous Provisions) (Amendment) Bill. However, practical problems would arise in collecting fees in arrears.
Non-retrospective enactment after 31 December 1982
18
The main effect of non-retrospective enactment after 31 December 1982 would be that some persons, including.. those mentioned at paragraph 8 above, would have acquired belonger status between 1 January 1983 and the enactment of the Immigration (Amendment) (No 2) Bill.
19
memorandum.
**
Members are invited to note the contents of this
4
(The Secretary for Security; Mr D.G. JEAFFRESON, the Crown Solicitor, Mr J.F. MATHEWS, and the Director of Immigration, Mr R.G.B. BRIDGE, will attend before the Council to answer questions raised).
5 November 1982
(SEC 11/4/10 (TC 11A/81))
COUNCIL CHAMBER