TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 254

For dis cus sion

on 29th June 1971

CONFIDENTIAL

XCC(71)34 Copy No

of 31

MEMORANDUM FOR EXECUTIVE COUNCIL

IMMIGRATION AND DEPORTATION BILL 1971

Annexed for the consideration of Honourable Members is the draft Immigration and Deportation Bill 1971, which seeks to consolidate and revise the existing law relating to immigration and deportation, and to re- place the Immigration (Control and Offences) Ordinance (Chapter 243), the Deportation (British Subjects) Ordinance (Chapter 239), and the Deportation of Aliens Ordinance (Chapter 240).

2

The more important changes proposed by the bill may be

summarised very briefly as follows:

(a)

(b)

(c)

a clear distinction is drawn between Hong Kong belongers, who will have the right to live in Hong Kong and to come and go at will, and immigrants. The latter, with the exceptions

described in paragraphs 5 and 6 below, will be subject at all times to immigration control, to the imposition of conditions of stay, and to deportation or removal.

The provisions enabling control to be exercised over immigrants seeking to enter or living in Hong Kong have been strengthened and improved to rectify deficiencies in the existing law.

The provisions which relate to deportation will, with one exception described in detail in para- graph 9, apply to all immigrants, whether British subjects or aliens. Thus British subjects will no longer enjoy the preferential position in this respect which they now enjoy under the Deportation (British Subjects) Ordinance,

These proposed changes are explained in detail below, and also in the explana- tory memorandum attached to the bill. Changes of a minor nature are not referred to in this memorandum. The comparative table attached to the bill shows that many of its provisions are based upon similar ones in the present United Kingdom law, or on the United Kingdom Immigration Bill 1971 which is now before Parliament.

Immigration Control

3

At present, by virtue of section 2 of the Immigration (Control and Offences) Ordinance, the only persons recognised as Hong Kong belongers are those who were born in Hong Kong and are in possession of documentary proof of such birth. It is proposed that, in future, in addition to those born in Hong Kong, persons who are British subjects by naturalisation in Hong Kong, and the wife and children of a British subject born or naturalised in Hong Kong should also be belongers, if they are registered as British subjects

CONFIDENTIAL