TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 8

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CONFIDENTIAL

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stated in paragraph 3 of this telegram it has been agreed that

a citizen of the United Kingdom and Colonies who has been

ordinarily resident in the Colony for 7 years should be protected

from deportation. The Unofficial Members are now proposing

that this protection should be restricted to "UK belongers".

In paragraph 5 of the telegram, the Governor has reported that

also the Unofficial Members have/"strongly urged" that there should

be a residual power to deport a person of United Kingdom origin

even though he has been in Hong Kong for more than 7 years.

5. We have consulted both Migration and Visa Department and

Legal Advisers. Although Migration and Visa Department were at first doubtful about the first proposal (set out in paragraph 4 of Hong Kong telegram No 722) they have now agreed with the views expressed by the Legal Advisers (Mr Rushford's

minute of 4 October). They have also been reassured by the

fact that since 1969 the Hong Kong Government have been

controlling the entry into the Colony of Commonwealth citizens other than United Kingdom belongers (a copy of a statement made by the Colonial Secretary in the Legislative Council on

30 July 1969, is attached).

6.

The Governor has asked that he may receive any comments

This means that the we may have not later than 6 October.

reply to his telegram No 722 must go off today.

2.

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17.