TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 329

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retained (clause 17(1)(b)), but a conviction will no

longer be a pre-requisite to the making of an order.

At present it is often necessary to bring a prosecution

for the sole purpose of enabling the Governor to order

removal, when the public interest would not otherwise

require that the offender be prosecuted.

(f) British subjects in general will no longer enjoy a

special position with respect to deportation and, with

the exception 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), will

be liable to deportation on either of the grounds

specified in clause 18(1) in the same way as aliens.

Removal procedure.

The existing provisions with respect to the removal by

Removal

sea or air of persons who are refused permission to land are toc

limited in that the Director of Immigration may require removal

only in the ship or aircraft in which such person arrived.

otherwise than in that ship or aircraft has to be at the public

Clause 20 makes new provision in this respect and enables

expense.

an immigration officer to require the owners or agents of the ship

or aircraft in which the immigrant arrived to remove him at their

expense in another ship or aircraft. An immigration officer will

also be able to require the owners of any ship or aircraft to remove

an immigrant who is refused permission to land, but in such a case

the Government will have to meet the cost of his removal.

Detention.

The existing law authorizes detention for up to 4 days

for immigration inquiries. Experience has shown that the detailed

inquiries which are sometimes necessary cannot always be completed

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