TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 30

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(e) obtained the status of a British subject by reason of the grant by Governor of a certificate of naturalization under the British Nationality and Status of Aliens Act, 1914 [or the local naturalization · Ordinance]; or

(d) is the wife of a person to whom any of the foregoing paragraphs applies not living apart from such person under a decree of a competent

Surt or a deed of separation; or

(e) is a child, stepchild or adopted child having been adopted in a manner recognized by law, under the age of [eighteen] years, of a person to whom any of the foregoing paragraphs applies.

(3) For the purposes of this Ordinance a person shall be deemed to be an immigrant British subject if at the date of the service upon him of a notice under section 7 of this Ordinance, or, in the case of a convicted person, the dato upon which he is charged with the offence, he is a British subject and has

ca resident in [

for less than the following periods and not otherwise, unless the approval of the Secretary of State shall have been given o the making of a deportation order in respect of such person at any time before

ix made:

(a) in the case of a prohibited immigrant, a period of three months; (b) in the case of a convicted person [other than a person who is a convicted person solely by reason of his being a prohibited immigrant](') or of an undesirable person, a period of two years; and'

(c) in the case of a destitute person, a period of one year : Provided that in determining whether any person is an immigrant British oject, any period during which a deportation order, a restriction order or a security order made under this Ordinance has been in force as respects that

rson shall not be taken into account.

3. Subject to the provisions of this Ordinance, the Governor-in-Council Power to make may, if he thinks fit, make a deportation order in respect of an immigrant British Deportation subject who does not belong to [

and who is

(a) a convicted person in respect of whom the court certifying to the Governor that he has been convicted recommends that a deportation order should be made in his case, either in addition to or in lieu of sentence; or

(b) an undesirable person; or

(c) a destitute person; or

(d) a prohibited immigrant.

Orders.

4. Subject to the provisions of this Ordinance, the Governor-in-Council Power to make may, if he thinks fit, make a restriction order in respect of any British subject Restriction who is-

(a) a convicted person in respect of whom the court certifying to the Governor that he has been convicted recommends that a deportation order or a restriction order should be made in his case, either in addition to or in lieu of sentence; or

(b) an undesirable person.

Orders.

5.-(1) Subject to the provisions of this Ordinance, the Governor-in-Council Power to make my, if he thinks fit, make a security order in respect of any British subject Security Orders. who is-

(a) a convicted person in respect of whom the court certifying to the Governor that he has been convicted recommends that a deportation order or a restriction order or a security order in conjunction with either of chose orders should be made in his case, either in addition to or in lieu of sentence; or

(U) in undesirable person;

or in the cuse of an immigrant British subject who does not belong to [

destitute person; or

(prohibited immigrant.

Dole to i. where n to convic.

"6

*

definition of prohibited immigrant". The words in brackets should be ibited immigrant" may, notwithstanding absence of intention to infringe of an offence.

A 1

der-

nce.

and

of

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