TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 114

G.F. 323

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69

Why

nows

Why?

If the deportation of a person should thereafter become

practicable, the suspension would be revoked and the deportation

order would again be in force, Since revocation of a suspension

of a deportation order is tantamount to deportation, the power

to revoke is vested in the Governor in Council,

12.

Powers of officers of Her Majesty's ships.

For many years, officers of Her Majesty's ships have

been authorized by energency regulations to exercise powers

under the immigration law. Clause 54 will confer on then the

necessary powers and so permit the revocation of the energency

regulations.

13.

Regulation-making powers

Since 1962, the Governor has been eripowered by

emergency regulations to order the detention of aliens whose

deportation is impracticable.

It is not appropriate that this

power should continue to be conferred by energency Tegislation

and it is proposed that the Energency (Deportation and

Detention) Regulations should be revoked (clause 62).

Although the power has not been exercised in recent years,

it is nonetheless considered that the circumstances of Hong

Kong right require its reintroduction and that enabling

legislation must be on the statute-book. Clause 55(2) nakes

the necessary provision.

14.

Proof of certain natters.

Clause 60 places on a person who claims any of the

specified matters the burden of establishing the same All

these matters are peculiarly within the knowledge of a

clairant.

15.

nature.

•

The Bill also makes nunerous amendments of a minor

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