TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 119

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UNDER CLAUSE 17(1)(C) OR THE DEPORTATION UNDER CLAUSE 13 OF CITIZENS OF THE UNITED KINGDOM AND COLONIES. THE RESULTS OF SUCH ENQUIRY SHOULD BE MADE AVAILABLE TO THE GOVERNOR OR THE GOVERNOR IN-COUNCIL, AS THE CASE MAY BE, IN THE FORM OF RECOMMENDATIONS OP ADVICE WHICH WOULD BE TAKEN INTO ACCOUNT BEFORE A DECISION

HETHER TO REMOVE OR DEPOPT WAS TAKEN. THERE SHOULD ALSO BE A PROVISION THAT THE NEED FOR SUCH AN ENQUIRY COULD BE DISPENSED WITH 12 CASES WHICH THE GOVERNOR CERTIFIED INVOLVED SECURITY CONSIDERATIONS AND WHICH IN HIS VIEW COULD NOT BE THE SUBJECT CF A JUDICIAL ENQUIRY WITHOUT RISK OF DAMAGE TO THE NATIONAL

INTEREST.

5. CLAUSE 19. HNC HAVE NOW DECIDED TO AMEND THE UNITED KINGDOM IMMIGRATION BILL TO PROVIDE THAT CITIZENS OF THE UNITED KINGDOM MID COLONIES WHO BELONG TO DEPENDENT TERRITORIES WILL CEASE TO BE SUBJECT TO IMMIGRATION CONTROL AFTER 5 YEARS RESIDENCE (INCLUDING ANY PERIOD OF CONDITIONAL STAY) IN THE UNITED KINGDOM. MINISTERS CONSIDER THAT THE HONG KONG BILL SHOULD ACCORDINGLY BE AMENDED BY THE SUBSTITUTION OF 5 FOR 10 YEARS IN (P) OF CLAUSE

19.

6. WE VERY MUCH REGRET THAT IT HAS NOT BEEN POSSIBLE TO SEND

YOU THESE COMMENTS EARLIER. WE HOPE THAT YOU WILL SEE NO DIFFICULTY IN POINTS RAISED IN PARAGRAPHS 2 AND 5 AND THAT YOU CAN AGREE TO

PROCEED ACCORDINGLY.

7. THE PROPOSALS IN PARAGRAPH 4 ARE HOWEVER ALTOGETHER MORE SIGNIFICANT. THERE SEEM TO BE 4 POSSIBLE WAYS OF PROCEEDING (A) ENACT BILL AS IT STANDS SUBJECT ONLY TO AMENDMENT IN PARAGRAPH 5 ABOVE. IN THIS EVENT MINISTERS WILL ADVISE THAT SUBSEQUENT NOTIFICATION OF NON-DISALLOWANCE BE GIVEN ONLY ON CONDITION THAT WMENDING LEGISLATION TO GIVE EFFECT TO AMENDMENTS PROPOSED IN PARAGRAPH 4 ABOVE IS ENACTED BEFORE END OF THIS YEAR, (B) AS IN FIRST SENTENCE OF (A) COUPLED WITH STATEMENT DY. GOVERNMENT SPOKESMAN IN COURSE OF DEBATE THAT GOVERNMENT VERE CONSIDERING THE PROVISION OF SOME FORM OF ENQUIRY PROCEDURE ON THE LINES PROPOSED IN PARAGRAPH & ABOVE AND THAT THE NECESSARY AMENDING BILL WOULD BE INTRODUCED DURING NEXT SESSION BEFORE

END OF THIS YEAR.

(C) DEFER SECOND READING AND REINTRODUCE BILL IN NEXT SESSION WITH AMENDMENTS IN SENSE OF PARAGRAPHS 4 AND 5 ABOVE.

(D) ESTABLISH NECESSARY ENQUIRY MACHINERY BY ADMINISTRATIVE ACTION.

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18. WE FAVOUR (C)