TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 55

3i

PRIORITY

CYPHER CAT A

FM FCO 031440Z

RECEIVED IN

REGISTRY No. 51

CT 1971

HKK 18/10

10

33

CONFIDENTIAL

TO PRIORITY GOVERNOR HONG KONG TELNO 639 OF 3 SEPT

YOUR TELEGRAM NO 625.

IMMIGRATION BILL

1. INFORMATION IN YOUR PARAGRAPH 2 MAY HAVE BEEN BASED ON FIRST DRAFT OF UNITED KINGDOM BILL AS PRESENTED TO PARLIAMENT ALTHOUGH YOUR REFERENCE TO QUOTE DEPARTURE UNQUOTE IS NOT UNDERSTOOD SINCE THERE WAS NO REFERENCE TO THIS IN THE BILL, PRESENT POSITION IN THE LIGHT OF AMENDMENTS TO THE BILL DURING ITS PASSAGE THROUGH PARLIA- MENT IS SET OUT BELOW.

2. THERE IS NO REPEAT NO RIGHT OF APPEAL:

(A) IN CASES WHERE THE HOME SECRETARY DECIDES THAT

DEPORTATION OR EXCLUSION FROM THE UNITED KINGDOM IS DESIRABLE

ON GROUNDS OF NATIONAL SECURITY OR FOR POLITICAL REASONS

AFFECTING OUR RELATIONS WITH OTHER COUNTRIES.

B) IN CASES WHERE THE HOME SECRETARY DECIDES THAT EXCLUSION

FROM THE UNITED KINGDOM IS DESIRABLE ON THE GROUNDS THAT

A PERSON'S PRESENCE HERE WOULD NOT BE CONDUCIVE TO THE PUBLIC

GOOD AND PROVIDED THAT THE PERSON IS NOT REPEAT NOT IN THE

UNITED KINGDOM.

3. QUOTE EXCLUSION UNQUOTE IN THE CONTEXT OF (A) AND (B) ABOVE MEANS REFUSAL TO ISSUE VISA OR ENTRY CERTIFICATE OR TO ADMIT AT

A UNITED KINGDOM PORT.

4. THERE IS REPEAT IS A RIGHT OF APPEAL IN CASES WHERE THE HOME-

SECRETARY DECIDES THAT DEPORTATION IS DESIRABLE ON THE GROUNDS

THAT A PERSON'S PRESENCE HERE IS NOT CONDUCIVE TO THE PUBLIC GOOD: OR WHERE FOR THE SAME REASON THE HOME SECRETARY DECIDES NOT TO

EXTEND A PERSON'S PERMITTED STAY AND THE PERSON IS REPEAT IS

ALREADY IN THE UNITED KINGDOM,

5. GRATEFUL TO LEARN PRESENT POSITION ON ENACTMENT OF BILL.

DOUGLAS-HOME

FILES

COPY TO UND

HKD

DTGD

FED

MVD

NTD

SIR L MONSON

MR WILFORD MR D A SCOTT

FFFFF

CONFIDENTIAL