TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 110

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

0003230

G.F. 323

CONFIDENTIAL

65

4.

Removal of persons who are not permitted to land.

New

An imigrant who arrives in a ship or aircraft and

is not permitted to land in Hong Kong must, if the Director of

Immigration so requires, be removed in that ship or aircraf

at the expense of its owners. If, as may often be the case,

an immigrant who is refused permission to land cannot be

removed in that ship or aircraft when it loaves Hong Kong,

the Government is obliged to remove him ab its expense.

Clause 18 will, therefore, enable an immigration officer to

require the owners or agents of the ship or aircraft in which

the immigrant arrived to renove him at the owners' expense in

another ship or aircraft of which they are owners or agents OF

to arrange for his ronoval in any ship or aircraft bound for

a "specified country", An imigretion officer will also be

able to require any oraezs of a ship or aircraft to remove an

inni grant who is not permitted to land, but in such a case tho

Government will be obliged to noot the cost of his removal :

Hong Kong. This follows similar provisions in the United

Kingdom.

5.

Renoval of undesirable inmigrants and others.

At present, a person who is lawfully in Hong Kong

cannot be renoved except by deportation proceedings or by an

expulsion order following a conviction for a breach of landing

condition. It is considered that there should be a sumary

method of renoval from Hong Kong of short term immigrants who

have shown that their presence is not of bezefit to Hong Kong,

Accordingly, clause 16(1) and (2)(b) confers on the Governor

power to order the rerioval of an undesirable immigrant who

has been in Hong Kong for less than five years since his

last entry.

By clause 16(1) and (2)(a), the Governor's power

to order the removal from Hong Kong of illegal immigrants

and those who are in breach of landing conditions is retained,

CONFIDENTIAL

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