TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 46

CONFIDENTIAL,

'Reference HKK 18/10

38

Mr Streeton (Migration and Visa Department)

1.

37

An early reply is required to Hong Kong telegram No 648 (copy attached) and since a Ministerial submission may be required before any reply is sent off, I should be grateful for your early comments.

2. As regards paragraph 2 of the telegram, I presume that we can accept this practice.

3. As regards paragraph 3 of the telegram, are you happy with the last sentence? Am I right in thinking that the UK Bill will not contain any reference to the fact that there will be no right of appeal in cases where the Home Secretary decides that deportation or exclusion from the UK is desirable for political reasons affecting our relations with other countries? If so, should we warn the Governor and tell him what arrangements we are making to cover the point in this country and ask him to do likewise?

4.

The Governor's arguments in paragraph 4 for reducing the period of residence under Clause 19 from 10 years to 7 years (instead of to 5 years as in the United Kingdom) are not very convincing. It is quite clear from paragraph 6 of his Saving Despatch at (5) that Clause 19 was very closely related to the original requirement of the UK legislation that Commonwealth citizens who are non- patrials of the United Kingdom would need to have a total residence here of 4 years conditional stay plus 5 years. further residence before they could qualify for exemption from immigration control. Hong Kong rounded off this period to 10 years. However, now that the United Kingdom Government have decided to reduce the period to 5 years, the Governor is not at all anxious to follow suit. Do you see any difficulty about accepting the Governor's proposal?

5. It is not surprising that there has been local pressure of the kind described in paragraph 5 of the telegram. More than 98% of the Hong Kong population is Chinese, many of whom know no other home and who could not, in any event, be deported to China (who would refuse to accept them). However, it is not clear precisely what amendment the Governor has in mind and my inclination would be to accept his proposal in principle but ask for more information as to the specific wording that he intends to propose. In any event, even with the adoption of the Governor's proposal, there would still be a differentation as between the position of aliens and British subjects, since the Governor proposes that the former should still remain subject to deportation in cases where it is decided that deportation from Hong Kong is desirable on the grounds of national security or for political reasons affecting relations with other countries. Citizens of the UK and Colonies who have the prescribed period of residence in Hong Kong, will not be subject to deportation on these or any other grounds.

1 CONFIDENTIAL

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DD 737719 557664 500M 2/71 GM 3643/2