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safeguarded in any way and His Majesty's Government in the
United Kingdom would not feel precluded from making a
Deportation Order against an alien merely because proceedings
might be taken against him on his arrival in his own country.
The decision whether a deportation order should be made in any
particular case would of course necessarily depend upon all the
circumstances and if as in the case of Nguyen Ai Kwok there were
reason to suppose that an alien is a political refugee and might
incur danger to life or limb in his own country, this possibility
would have to be taken into account, and if it were deemed to be
serious it would not be in accordance with practice to deport
him to his own country. A decision however would be governed
by administrative considerations and not by the strict legal
powers of deportation.
For these reasons Sir John Gilmour suggests, for the
consideration of Sir Philip Cunliffe-Lister, that the
concluding words "notwithstanding
against him" proposed
to be added to section 6 (1)(a) of the ordinance should be
omitted.
The copy of the Ordinance which accompanied your letter is
returned herewith.
A copy of this letter is being sent to the Foreign Office.
I am,
Sir,
Your obedient Servant,