TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 125

HK ~ 7,8/10

Mr Wilford

Jonson

Sir Leslie Monson

Mr Logan

CONFIDENTIAL

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26

3.18

B

10/21/1

HONG KONG IMMIGRATION BILL

1. An urgent reply is required to Hong Kong telegram No 583

in which the Governor informs us that he proposes to continue

and complete on 1 September the debate on the second reading.

of the Hong Kong Immigration Bill which was introduced into the

Hong Kong Legislative Council on 21 July and adjourned sine die.

2. The purpose of the Bill is to consolidate and revise the

immigration laws of Hong Kong. The aspect of this new

legislation most likely to attract attention in the United

Kingdom is the effect it will have on the position of citizens

of the United Kingdom and Colonies. Although the Bill does not

seek to impose any new restrictions on the freedom of entry into

Hong Kong of citizens of the United Kingdom and Colonies it does

seek, inter alia, to facilitate the removal from Hong Kong of

British subjects who are not belongers of Hong Kong and who

misbehave or whose behaviour is not, in the opinion of the

Governor-in-Council, conducive to the public good.

3. At present the deportation of British subjects from Hong

Kong is governed by the Deportation (British Subjects)

Ordinance which was enacted in 1934 and which requires the

Secretary of State's approval for the deportation of any British

subject except in certain limited circumstances. In addition,

the Ordinance stipulates that no British subject may be

deported without a Court's recommendation or unless a prior

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CONFIDENTIAL

/judicial