TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 20

PERSONAL AND CONFIDENTIAL

(including citizens of the United Kingdom and Colonies who are not belongers of Hong Kong) who misbehave or whose behaviour is not, in the opinion of the Governor-in-Council, conducive to the public good.

You may like to see the enclosed copy of the Explanatory Memorandum on the Bill which has been prepared by the Acting Attorney General, Hong Kong, and which lists those changes of substance which the Bill seeks to make in the Colony's system of immigration control. The Memorandum relates, of course, to the Bill in the form in which it was introduced into the legislature. We have agreed with the Governor that certain amendments should be introduced at the Committee Stage (the Second Reading has been deferred until 1 October). These amendments are as follows:-

(a) We 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. The amendment will provide that no such enquiry shall be required in cases where a Court recommends deportation or where deportation or exclusion from the Colony is desirable on grounds of national security or for political reasons affecting Hong Kong's relations with other countries.

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/(b)

PERSONAL AND CONFIDENTIAL