TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 35

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Confidential

Hong Kong

HKK 18/35

Reference.

with

Immigration & Deportation Bill

This bill appears to confer upon officials in Hong Kong far-reaching powers to exclude, deport and detain persons without reference to the courts or to any special tribunals. In particular the safeguards which were introduced into Hong Kong law as a result of a circular despatch in the thirties (following the recommendations of an official committee) to protect British subjects against arbitrary deportation would be scrapped. In changes made by the bill manifest the sort of arbitrary and authoritarian tendency that seems to characterise the official mind in Hong Kong.

2.

Whether or not it is desirable for the draft bill to be enacted seems to me a question of policy for your Department. Perhaps your first step should be to ask the Governor for his reasons for thinking that the bill is necessary or desirable.

Mr Clifton (H4U.S.) Mr. Strothy NAT. 4).

Miss Rutter

have already seen

You

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it

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A.R.R.

(A. R. Rushford) (K 188 MA 118) 2 November, 1970

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the Bill at

0.

a more up-to-date version

which has been referred

Comments.

2.

Please see mug

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above comments by Mr Rushford.

3.

Your

comments on

appreciated.

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the Bill comes be

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in particulis, please

tie

Circular despatch