TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 349

HKK 18/10

Reference....

CL 435)

Mr Clifton (Migration and Visa Department Mr Clifton

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1.

In your Minute of 25 January you commented on the attached draft letter addressed to the Attorney General, Hong Kong.

2.

I enquired from you on the telephone last week as to the difference between "removal" and "deportation". This point has arisen because when the draft letter reached Mr Wilford he indicated that he wished the comments on Clauses 15, 16 and 17 of the Bill to be removed to an Annex which would be enclosed with the letter. He also indicated at the same time that he wanted the commentaries on removal and on deportation to be shown in separate paragraphs of the Annex.

3. I am not sure how to go about this and would appreciate your advice as to how the commentary on Clauses 15, 16 and 17 should be drafted. For example, should the powers to be conferred upon the Governor by Clause 16 be dealt with under the heading of "removal" or "deportation?

4. I had a quick word last Friday with Miss Lush as to the difference between "removal" and "deportation": I understood her to say that in her opinion removal related to the physical removal of a person whereas deportation related to the making of a deportation order. However, I note from Clause 16(3) of the Bill that there is to be something called a "removal order" and I do not understand the difference between this and a deportation order. It appears to me that the powers which Clause 16 purport to confer on the Governor are much more akin to powers of deportation than to powers of removal. this, perhaps, a point which we should put to the Attorney General in Hong Kong?

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5. In any event I should be grateful if you would draft the Annex to be enclosed with the letter to the

Attorney General, Hong Kong, in the correct technical form to meet Mr Wilford's requirements.

8 February 1971

Mr Gaminara

A W Gaminara

Hong Kong Department

I attach a draft Annex giving separate comments on Clauses 15, 16 and 11. Clause 16 would give the Governor arbitrary powers of removal which have no parallel in the