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CONFIDENTIAL
Clause 17 (1) (c).
This Clause empowers the Governor
to order the removal from the Colony of any person
(including a citizen of the United Kingdom and Colonies)
who has been ordinarily resident in Hong Kong for less than
three years and who appears to the Governor to be an
undesirable immigrant. The purpose of the Clause is to
enable the Governor summarily to remove relative newcomers
to Hong Kong who come to notice as undesirable persons only
after their arrival in the Colony.
The powers conferred on the Governor by this Clause
go beyond any powers conferred (or to be conferred by the
UK Immigration Bill) on the Home Secretary in regard to the
removal from the United Kingdom of a Commonwealth citizen
who is not a patrial. Once a Commonwealth citizen has been
admitted to the United Kingdom he can only be removed by
deportation proceedings on the grounds either that
(a) he has been convicted of an offence punishable
by imprisonment and has been recommended for
deportation by the Court, or
(b) he is in breach of a condition attached to his
entry.
The Governor states that the provision is an
alternative to the powers conferred on the Home Secretary
by the United Kingdom Bill to curtail the permitted stay of
a non-patrial and that the provision is necessary because
it is not the practice in Hong Kong to put a limit on the
stay of such persons as, for example, United Kingdom
belongers;
and it might subsequently be found necessary in
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CONFIDENTIAL
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