TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 328

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G.F. 323

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power is vested in the Governor to curtail the limited

stay of an immigrant (clause 5(6)), and the Governor is

also given power to cancel or vary conditions of stay and

to impose new conditions (other than a limit of stay) by

order applying to individual immigrants or to immigrants

of any specified class or description (clause 5(7)).

An exception to the general rule that permission to

land in Hong Kong may be subject to conditions of stay is

made in favour of citizens of the United Kingdom and

Colonies who have been ordinarily resident in Hong Kong

for a continuous period of ten years (clause 19). Though

such persons may be refused permission to land in Hong

Kong on their return from abroad in the same way as aliens

and other British subjects (paragraph (b) above), they

will not be subject to conditions of stay if they are

permitted to land. Since they are also not liable to

deportation (paragraph (f) below), the effect is that any

such person who is admitted to Hong Kong will have a right

to remain as long as he wishes.

Since conditions of stay regulating the taking of

employment and certain other matters are invariably imposed

in the case of most inmigrants, the Bill further provides

that the Governor in Council may prescribe such conditions

by regulation and deems permission to land in Hong Kong

to be subject to the prescribed conditions.

(d) A new control on resident immigrants who have been in

Hong Kong for less than three years is introduced by

clause 17(1)(c), under which the Governor may order the

removal of any such immigrant whom he considers to be an

undesirable person.

(e) The Governor's power to order the removal of illegal

immigrants and those in breach of conditions of stay is

CONFIDENTIAL