TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 353

CONFIDENTIAL

Commonwealth citizen on the recommendation of a Court

which has convicted the offender of an offence punishable

with imprisonment, or if the offender is found to be in

breach of landing conditions. In addition, the Home

Secretary may order the deportation of an alien if he

deems it to be conducive to the public good. This

provision may be extended to certain Commonwealth citizens

under the proposed new UK Immigration Bill, but any

person against whom a deportation order is made in the

United Kingdom has a right of appeal. However, clause 16

would empower the Governor to order the removal of any

immigrant (including a British subject) with less than

5 year's 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.

Clause 17

Very wide powers of deportation are conferred by clause

17 on the Governor in Council in respect of all

immigrants, whether aliens or Commonwealth citizens.

These would represent a somewhat drastic departure from

the provisions of the Deportation (British Subjects)

Ordinance (Chapter 239) which was introduced into Hong

Kong law as a result of the Secretary of State's circular

confidential despatch no. 30301/1/34 Genl. of 15 September

Copy (4) &

1934.

enclosure

Clanca 55(2)

Clause seeks to embody in the Bill the provisions

ん

5

of the Emergency (Deportation and Detention) Regulations

and in doing so to extend the application of those

regulations to British subjects. We realise that the

regulations in question have been on the statute book

for some 18 years but, it is not clear to us why you

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