TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 130

CONFIDENTIAL

existence of judicial remedies (habeas corpus) where

appropriate.)

Under current United Kingdom legislation (the

Immigration Appeals Act 1969) there is a two-tier system

of appeals against Executive decisions which applies alike

in the case of citizens of the United Kingdom and Colonies

and aliens. There is an appeal to an adjudicator and

thence to an appeals tribunal, or in some cases an appeal

direct to a tribunal. These bodies are independent of

the Executive and their directions are binding on the Home

Secretary. Apart from some modifications in the area of

security cases the United Kingdom Immigration Bill will not

alter this situation. There is to be no right of appeal

in cases certified by the Home Secretary as involving

security considerations.

6.

It would be neither appropriate nor desirable for the

United Kingdom system to be applied as it stands to Hong Kong.

The circumstances obtaining in this country are very different

from those in Hong Kong and the position of the Home Secretary

in the United Kingdom is very different from that of the

Governor or the Governor-in-Council in a Dependent Territory.

However, it is considered that in certain cases involving the

removal or deportation of citizens of the United Kingdom and

Colonies from Hong Kong there should be provision for recourse

to some form of independent authority (such as a Judge in

Chambers): such authority would make recommendations to the

Governor or Governor-in-Council, as the case may be, before

decisions whether to remove (under Clause 17 (1) (c)) or deport

(under Clause 18) were taken. Such a provision would be in

line with the attitude recently taken in connection with

- 6 CONFIDENTIAL

/immigration