TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 13

CONFIDENTIAL

REL

Reference REGISTRY No. 51

HKK 18/10

IN 146

MR. LAIRD

HONG KONG DEPARTMENT.

HONG KONG IMMIGRATION BILL

I have discussed the telegram

(No. 722) from Hong Kong attached to

your minute of 30 September with Mr. Gilmour who has in turn had a

word with Mr. Streeton.

2. It is evident that Hong Kong have in mind to draw a distinction

between citizens of the United Kingdom and Colonies who are "patrials"

within the meaning of the forthcoming U.K. Immigration Act, and

those who are non-patrials.

3.

Mr. Streeton tells us that an amendment to the United Kingdom

Bill altering the definition of "patrial" is to be published on

Wednesday next. The classes of British subjects referred to in

are narrower than paragraph 4 of the Hong Kong telegram

the same as the classes

of persons who will be patrials under the amended United Kingdom

Bill. If Hong Kong is to legislate in terms of people who are

United Kingdom patrials they will need to get their terminology

right and should therefore be acquainted with the terms of the

United Kingdom amendment as soon as this becomes known.

are

4. The foregoing point is, of course, a drafting one. The

substantive point, as it seems to me, is whether we need worry very

much what powers of deportation are taken in Hong Kong legislation

for the deportation of persons who have no right of entry into the

United Kingdom. Once the United Kingdom Act has become law the

legal position will be that United Kingdom patrials will have a right

of entry into the United Kingdom while non-patrials will have no

H.M.G. right of entry. are, of course, concerned about the deportation

from Hong Kong of patrials because if they are deported from Hong

Kong to the United Kingdom we cannot refuse them admission. The

position is otherwise, however, as regards the deportation from Hong

Kong of persons who have no right of entry into the United Kingdom,

that is to say, United Kingdom non-patrials and persons who have no

United Kingdom citizenship at all.

ave

5. Whatever powers of deportation are included in Hong Kong

legislation, we should, I imagine, have to make it clear to the

Hong Kong Government that HMG is unlikely to accept non-patrials

on deportation from Hong Kong save in exceptional cases.

That being itous Kong's so there is little prospect of

being able to exercise a power

of deportation against them where the only place they can go would be

почи

-non-patriols

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