TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 123

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W(B)L 51-7406

CONFIDENTIAL

be taken into account before a decision

whether to remove or deport was taken.

There should also be a provision that the

need for such an enquiry could be dispensed

with in cases which the Governor certified

involved security considerations and

which in his view could not be the subject

of a judicial enquiry without risk of

damage to the national interest.

5.

Clause 19. HMG have now decided to

amend the United Kingdom Immigration Bill

to provide that citizens of the United

Kingdom and 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 (b)

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

3. CONFIDENTIAL

/notification