GR 185

RESTRICTED

DESKBY 070800Z

FM HONG KONG 073356Z MAY 82

TO IMMEDIATE F C O

TELEGRAM NUMBER 461 OF 7 MAY

YOUR TELNO 386 OF 30 APRIL 1982

PQS : MS VERTUCCI

TOP

RESTRICTED

HKK 345/2

DESK

155

NO ILLE

3/6

AF 3/%

See

158

1. YOUR PROPOSED REPLIES TO QUESTIONS A AND C AGREED.

ACT OR

2. DRAFT ANSWER TO QUESTION B AS FOLLOWS :- B. ''ANY PERSON WHO IS AGGRIEVED BY ANY DECISION, OMISSION OF ANY PUBLIC OFFICER TAKEN, DONE OR MADE IN THE EXERCISE OR PERFORMANCE OF ANY POWERS, FUNCTIONS OR DUTIES UNDER THE HONG KONG IMMIGRATION ORDINANCE MAY BY NOTICE IN WRITING LODGED WITH THE CHIEF SECRETARY WITHIN FOURTEEN DAYS OBJECT TO THAT DECISION, ACT OR OMISSION, SUCH AN OBJECTION SHALL BE CONSIDERED BY THE GOVERNOR IN COUNCIL WHO MAY CONFIRM, VARY OR REVERSE THE DECISION, ACT OR OMISSION OF THE PUBLIC OFFICER OR SUBSTITUTE THEREFORE SUCH OTTHER DECISION OR MAKE SUCH OTHER

ORDERS AS HE THINKS FIT”'.

3. AS BACKGROUND TO PARAGRAPH 2 THE APPEAL PROCEDURE STEMS FROM SECTION 53 OF THE IMMIGRATION ORDINANCE (CAP 115). IN PRACTICE THE D OF I PROVIDES A MEMORANDUM OUTLINING THE FACTS OF THE CASE, THE REASONS FOR HIS DECISION, QUOTING ANY PRECEDENTS AND/OR EARLIER ADVICE FROM EXECUTIVE COUNCIL ON RELEVANT IMMIGRATION

POLICY. THE MEMORANDUM CONTAINS ANY COMMENTS OFFERED BY ATTORNEY GENERAL OR BY THE COMMISSIONER OF POLICE AND COUNCIL OFFERS ITS ADVICE ON THE CASE AS PRESENTED.

HADDON-CAVE

MINIMAL HKGD

COPIES TO:

HONG KONG GOVT OFFICE

LONDON

RESTRICTED

Share This Page