TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 109

0003230

G.F. 323

CONFIDENTIAL

64

Explanatory Memorandun.

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Neww.

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This Bill will consolidate and revise the immigration

and deportation laws. It will make the following changes.

2.

Control of immigration.

Permission to enter Hong Kong may now be refused on

any of the grounds set out in section 11 of the Immigration

(Control and Offences) Ordinance. In practice, permission is

rost commonly refused on the ground that an immigrant does not

have a valid passport bearing a visa which is valid for entry

into Hong Kong or a valid permit issued under the Ordinance.

At present, section 11 only empowers the Director of Iunigration

to refuse to grant a perrit to enter on listed grounds. It is

now considered that his discretion should not be fettered and

that he should be able to grant or refuse an entry permit to

any immigrant on any ground, as is usual in most countries.

Landing conditions.

3.

The

Irmigration officers will continue to have power to

impose any conditions when permission to land is granted.

power to vary conditions and to inpose further conditions is

also retained. Since certain landing conditions regulating

the taking of employment and other matters are invariably

imposed in the case of many irvai grants, the Bill enables the

Governor in Council to prescribe them by regulation (clause 55)

and deens permission to land to be subject to the prescribed

conditions (clause 5(2)). This new provision will reduce

the number of conditions which must now be imposed by

stamping an immigrant's travel document. He will be notified

of these standard conditions by printed notices handed to

him on entry.

The Governor is also given power to cancel or vary

landing conditions and to inpose new conditions by order

applying to individual irnigrants or to immigrants of any

specified class or description.

(Clause 5(4)).

CONFIDENTIAL