TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 111

0003230

G.F. 323

CONFIDENTIAL

66

but a conviction will no longer be a pre-requisite to the

making of an order. At present it is often necessary to

bring a prosecution for the sole purpose of enabling the

Governor to order removal, when the public interest would

not otherwise require that the offender be prosecuted.

by whom? Why not?

6.

Deportation of aliens.

Clause 17, which in substance follows the provisions

of the United Kingdom Aliens Order 1953, empowers the Governor

in Council to deport an alien on any ground.

7. Deportation of British subjects.

It is recognised that the special position, with

respect to deportation, of a British subject in a British

territory to which he does not belong cannot now be supported.

Consequently the Bill makes substantial changes in the law

relating to the deportation of British subjects. The effect

of the changes will be that immigrant British subjects may be

deported in the same way as aliens. The first major change

is that the only British subjects who may not be deported in

future will be those who were born or naturalised in Hong Kong.

This means,

for example, that a British subject who has long

residence in Hong Kong will no longer be exempt from deportation -

Secondly, the Bill onits the requirement that the Secretary of

State must approve the making of a deportation order against

a British subject who, at the date of his conviction in Hong

Kong or the commencement of deportation proceedings on any

other ground, had been resident in Hong Kong for more than the

relevant prescribed period. Thirdly, irrigrant British

subjects will be deprived of the protection now afforded to

then by the requirement that a deportation order may not be

made unless either a court has recommended that one be made

following a conviction or the case has been considered by a

judge of the Supreme Court.

CONFIDENTIAL