TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 48

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the United Kingdom is conducive to the public good or if revocation was refused on that ground by the Secretary of State (and not by a person acting under his authority)."

3. As regards appeals against exclusion from the United Kingdom; e.g. when a person here on conditions is refused extension of stay, the United Kingdom Bill will say:

"A person shall not be entitled to appeal

under subsection (1) above against any variation of his leave which reduces its duration, or against any refusal to enlarge or remove the limit on its duration, if the Secretary of State certifies that the appellant's departure from the United Kingdom would be 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, or the decision questioned by the appeal was taken on that ground by the Secretary of State (and not by a person acting under his authority)."

4. I, too, am unimpressed by the Governor's arguments in paragraph 4 of the Hong Kong telegram. Certainly we were led to believe that the Governor wished to follow United Kingdom practice in this respect, and one of the attractions of this course is that it could go a long way to remove any anxiety or criticism about the Hong Kong Bill which might be expressed by Members of Parliament. I think you are in a better position to judge whether the particular conditions obtaining in Hong Kong make a reduction of the period of 7 years desirable. On grounds of uniformity, this Department would still prefer to see 5 years as the period.

5. I see no objection to what is proposed in respect of alien Chinese in Hong Kong, but Mr Mallett may have comments.

Q. G. Palan

TG Streeton

Migration & Visa Dept CL 635 Tel: B226

Spoke Hr Mallett. His reference to me chinary for appeal

Wes

mache

H.K. Be

under & misapprchantial sinca para 5 of No 648 makes no mention of such on idea; he withdraws the

comment. 14.5

157971

14 September 1971

9

agna

with the foregory and that it would be

reasonable to provide mactions for affeal against defcolatin

for those refered to in farms of tiny!

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