TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 135

Reference

existence of judices/ reneches (habeas

Cooper) where opperpresti

must be

assumed

a subordinat

Clause 49.

This clause provides for the lodging of objections against any decision, act or omission of any public officer, taken done or made under the

powers of this ordinance, to be made to the

Governor or, alternatively, to the Governor in

Council. The decision of the Governor or, appropriate case, the Governor in Council, is final and there is no provision for any appeal to be to be lodged against this, although, of course, does not exclude the possibility of political representations being made by an aggrieved person to the Secretary of State. How does it affect they

this

The proposed Crdinance differes fromthe current UK legislation (Immigration Appeals Act 1969,c.21,xx) xxxxx@****X**X***£X£¤x

нихаруни хакикия ханухаскуханкісіняхисних які вяхимиих

***X**XX*Xxx in that the appeals xxx from

an executive de cision are to the same xecutive. In the United Kingdom such apreals are made to either an adjudicator or an Appeals Tribunal, both of which are independent of the executive and the directions

of which are binding on the, secretary of state.

Home 2

With some xxx modifications in the area of security cases, the current immigration bill does not alter this

situation.

It is for consideration whether it would

not be prefereable to recommend that an independent apreals system also be established in Hong Kong. While it me that any review by the Governor or Governor in Council would be thorough, it is difficult for any member of the executive to look at a decision of, another arm of the executive entirely dispassion- ately. For the proper protection of the rights of the individual, at least where the security of state is not concerned, an independent review

seems desirable.

тливы

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

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