MI.
Gaminara.
Reference..
The clauses which I had in mind in saying that the Bill would give the Governor greater powers than those of the Home Secretary here are nos. 15, 16 and 17, relating to removal and deportation.
2.
In the United Kingdom, the removal of an alien, or of a Commonwealth citizen, may be ordered if he is refused entry or if he is found here after having landed illegally, provided that no directions for removal are given if he has been in the United Kingdom for two months or more. As regards deportation, the Home Secretary has power to make a deportation order against either an alien or a Commonwealth citizen on the recommendation of a court which has convicted him of an offence punishable with imprisonment or if he is found to be in breach of landing conditions. He (the Home Secretary) may also order the deportation of an alien, but not of a Commonwealth citizen, if he deems it to be conducive to the public good. Some Commonwealth citizens are entirely exempt from deportation, e.g. through connection with the United Kingdom by birth or because they have lived here for more than five years, and both aliens and Commonwealth citizens have a right of appeal against deportation.
3. British subjects belonging to Hong Kong are subject to control under the Commonwealth Immigrants Acts, the provisions of which differ from those of the Aliens Orders. The legislation which is at present being drafted by the Home Office aims at establishing a unified system of control as far as possible but we cannot yet say to what extent the entry requirements for and liability to deportation of Commonwealth citizens will be affected.
4.
The statement at the beginning of paragraph 3 of the 1934 no longer holds good.
5.
Perhaps Miss,
ss Miller could comment on paragraph 5 of your
minute.
Mr.Garner
2
23/12
Kr.Street 23% see
Mr. Gaminara.
E. Clifton
(E. G. Clifton
Migration andVisa Department.
22 December, 1970.
In answer to paragraph 5 of your minute, in each
case the Legal Advisers have been asked to compare the
proposed new legislation with the provisions of the 1934
despatch, and to advise on the action we should take.
2.
There is nothing currently on the British Virgin
/Islands
No comments yet.
Private notes are available after approval.