TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 133

CONFIDENTIALReference

Mr Gaminara (Hong Kong Dept)

1.

Your minute of 25 August (below).

2V

2. A. The provision conferred on the Governor by Clause 17 (i)(c) goes beyond any powers conferred on the Home Secretary to order the removal of a Commonwealth immigrant who is not a patrial from the United Kingdom by the Immigration Bill. The powers to decide deporta- tion from, termination of stay and refusal to conditions all devolve in this country upon the Home Secretary. Once a Commonwealth citizen has been admitted to the United Kingdom he can only be removed by formal deportation procedure. Thus, it would be more appropriate to compare Clause 18 of the Hong Kong Bill with the position under the UK Bill; Clause 17(i)(c) is an additional power which the Home Secretary does not possess. Nevertheless, it is right to say that Common- wealth citizens will normally be admitted to the UK on time conditions and it is only when they have been here for more than five years that these conditions are revoked.

3. B. Clause 18: It is correct that the announced broad intention of the new United Kingdom immigration legislation is to introduce a single code governing the admission of both Commonwealth citizens and aliens. It is not true to say that the latter will no longer enjoy a preferential position here; not only will there be some benefits in immigration practice but also on admission Commonwealth citizens will retain all the civic rights they have enjoyed hitherto and which are not extended to aliens. However, the Governor's final conclusion is right in that there will be no great difference in the deportation powers conferred by Clause 18 and those possessed by the Home Secretary under the UK Bill.

4. C. This is correct in so far as citizens of the UK and Colonies (UK non-belongers) who have been accepted for settlement are concerned. I agree that the Governor should be asked to arrange for Clause 19 to be amended to similarly provide exemption from deportation.

5. D. I am strongly of the opinion that there should be some machinery to appeal against a decision to deport a person or to refuse to extent his stay in the Colony or for the decision to be reviewed by an independent body. Under the UK Bill (and the existing Immigration Appeals Act, 1969) an aggrieved applicant can appeal first to an adjudicator and then to an appeals tribunal in most cases where he is being deported by the Home Secretary or has had his application refused for his conditions of stay to be extended. The exception lies in those cases where the Home Secretary certifies that there are security grounds for his decision or when a person not in the United Kingdom is refused admission on the grounds that his presence here is not conducive to the public good. I suggest the Governor be invited to introduce similar provisions. It is relevant that the decisions of the adjudicator and tribunal are binding upon the Home Secretary.

CONFIDENTIAL

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