TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 132

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Mr Laird

Reference

25

I undersländ he

will now not be returning until a weeke

Lates.

ING

27.371

1.

Please see the attached draft submission about

26 which there is now some urgency. I have cleared the

draft and the draft telegram attached there to with Migration and Visa Department, West Indian Department and Legal Advisers. There are however certain points which are not covered in the draft and to which I now draw attention:

(a)

(b)

In paragraph 5 of his minute of 26 August Mr Streeton considers that there should be some form of appeal against any decision to refuse to extend the stay in the Colony of an immigrant who is a citizen of the UK and Colonies. This is a reference to Clauses 5 (5) (c) and 5 (6) of the Bill. I have explained to Mr Street on that the Hong Kong practice is not to impose any limits of stay in the case of such immigrants as for example citizens of the UK and Colonies who are UK belongers. I have also explained the difficulties which Hong Kong has had in recent years over controlling the immigration of Pakistanis and Indians. has agreed in the circumstances to drop this particular point.

He

The Attorney General's explanatory memorandum attached to the Bill sets out various changes of substance which the Bill seeks to introduce into the system of immigration control. In the interests of brevity not all these points have been covered in the draft submission. particular the submission makes no mention of the additional powers of detention introduced by Clauses 24, 26 and 27 (2). It seems to me that the reasons for these provisions are well based and could if necessary be defended.

In

tion

2. The submission has been drafted on the assumpt that it will go to Ministers. Mr Royle will be back in the office on Tuesday 31 August but that would be leaving it rather late if the second reading of the Bill is to be continued on 1 September.

27 August 1971

A W Gaminara

P.S. The Gunnor's vicios are Act' out in his S.D.

at (5

in

in reply

to FI" Wilford's letter at @).

DD 737719 557664 500M 2/71 GM 3643/2

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