TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 347

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

(134392) Dd. 737115 750M 4/70 Hw.

NOTHING TO BE WRITTEN IN THIS MARGIN

Registry No.

SECURITY CLASSIFICATION

Top Secret.

Secret.

Confidential.

Restricted. Unclassified-

PRIVACY MARKING

In Confidence

DRAFT

Type 1 +

From

To:-

Commentary

o

draft. Immigration ani

Bill.

Hong Kong

Deportation

Telephone No. & Ext.

Department

of a person de-

tected after illegal entry regardless of when this took place,

Or

Clause 15

This clause permits an immigration officer to order the

removal of a person who has been refused permission to

land, subject to a time limit of six months. This period

seems unduly long, particularly in comparison with the two

months within which removal may be ordered in similar

circumstances in the United Kingdom.

reason for the extension from two to six months?

Clause 16

Is there a

particular

Under it

^

this

Wide powers of removal are conferred by the Clauseon

the Governor who would be able to order the removal of

0

any immigrant (including a British subject) with less than

five years residence in Hong Kong who is, in the opinion

of the Governor, an undesirable person. Moreover such

an order may be made summarily without conviction for any

offence. There are no analogous powers in the United

Kingdom where the removal of an alien or of a Commonwealth

citizen may be ordered only if he is refused entry or if

he is found here after having landed illegally and provided,

as mentioned above, that no directions for removal may be

given if the person concerned has been in the United Kingdom

for two months or more.

Clause 17

The provisions of this clause represent a somewhat drastic

departure from those of the Deportation (British subjects)

Ordinance (Chapter 239) which was introduced into Hong Kong

for the Colonies

Statez

law as

a result of the Secretary of State circular

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