0003230 G.F. 323
CONFIDENTIAL
65
Explanatory Memorandum.
This Bill consolidates and revises the immigration and
deportation laws. It replaces the Immigration (Control and
Offences) Ordinance, the Deportation (British Subjects) Crdinance
and the Deportation of Aliens Ordinance by a single code.
Regulation of entry to and stay in
Hong Kong.
The following changes of substance have been made in
the system of immigration control and in the control of immigrants
living in Hong Kong.
(a) The only persons recognized by the existing law as Hong
Kong belongers (and who thereby have the right to live
in Hong Kong and to come and go at will) are those who
possess documentary proof of birth here. In practice,
however, British subjects by naturalization in Hong Kong
are accepted as belongers, and the Bill accords them
that status in law. It also treats as a Hong Kong
belonger the wife and child of a person who is himself
a belonger if the wife or child is a British subject
by registration in Hong Kong under the British Nationality
Act 1948.
(b) Every person, whether a British subject or an alien,
who is not a Hong Kong belonger will continue to be
subject to immigration control, and the Bill confers
on Immigration Officers a general discretion with
respect to the giving or refusal of permission to land
in Hong Kong, as is usual in most countries (clause 5(1)).
(c) The existing powers with respect to the imposition of
conditions of stay are also retained, and this means
in particular that the stay of anyone other than a
Hong Kong belonger may be limited (clause 5(2)). A new
CONFIDENTIAL
No comments yet.
Private notes are available after approval.