TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 367

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

JONFIDENTIAL

DEPORTATION

Grounds for deportation

22.

The Bill will empower the Home Secretary to make a deportation order against

2. anyone who is subject to immigration control and who

fails to comply with the conditions on which he was admitted; OX

C.

who is convicted of an offence punishable with

imprisonment and is recommended for deportation by the court; Or

against whom the Home Secretary deems it conducive

to the public good to make a deportation order.

Exemption from deportation

23. Ordinary residence for 5 years in the United Kingdom will no longer make a Commonwealth citizen exempt from deportation unless he is granted registration as a citizen of the United Kingdom and Colonies. Registration is not, however, open to persons who are already citizens of the United Kingdom and Colonies (e.g. as belonging to a dependent territory) and the Bill will provide that such a person may not be deported if he has been accepted for permanent residence here and, since being so accepted, has been continuously ordinarily resident for at least 5 years (time spent on conditions will not count towards the 5 years).

Deportees' wives and children

24. The Home Secretary will have power to include in a deportation order the wife and children of the person against whom the order is made, and any children of hers. This wil1 cover only dependants who are subject to control. When a deported dependant ceases to be dependent (e.g. where a child reaches the age of 18, or a wife is divorced from the person against whom the order was made) any restrictions on re-entry will cease to apply to him.

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CONFIDENTIAL

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