TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 47

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CONFIDENTIAL

6. I am copying this minute and its enclosure to West Indian Department for any comments that they may wish to make, particularly on the immediately

preceding paragraph of this minute. I believe I am right in saying that the deportation provisions in the Bermuda legislation apply alike to British subjects and aliens?

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A W Gaminara

Hong Kong Department

13 September 1971

Copy to:

Mr Webster (West Indian Department)

Mr Davies (Far Eastern Department)

Mr Bonde (Nationality and Treaty Department)

Mr Blain (Dependent Territories General Department)

}

Mr Mallett

Mr Gaminara

1. I confirm that what is proposed in paragraph 2 of Hong Kong telegram No. 648 is acceptable.

2. Regarding paragraph 3 of the telegram, I see objection to the amendment which the Governor proposes to make to the Hong Kong Bill, setting out the cases in which there will be no entitlement to a judicial enquiry. When the United Kingdom Immigration Bill. becomes law

it will contain the following clause in respect of appeals against deportation orders:

"A person shall not be entitled to appeal against a decision to make a deportation order against him if the ground of the decision was that his deportation is conducive to the public good as being in the interests of national security or of the relations between the United Kingdom and any other country or for other reasons of a political nature."

The United Kingdom Bill will also say:

"A person shall not be entitled to appeal under

this section against a refusal to revoke a

‹ deportation order if the Secretary of State

certifies that the appellant's exclusion from

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CONFIDENTIAL