TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 15

HKK 18/19

cc for HXC 14/501/10

Reference...

UNCLASSIFIED

64

Mr Rushford Mr. Gaminara

Deputy Legal Adviser Hong Kong Department

DEPORTATION OF UK CITIZENS FROM DEPENDENT TERRITORIES

1. Please see paragraph 4 of Mr Gaminara's minute of 2 December. Mr Gaminara has suggested that in the absence of Sir Arthur Grattan-Bellew, Legal Adviser to DTGD, Mr Rushford might be kind enough to examine my amateur attempts at interpreting the deportation procedures as set out in the attached Ordinances. Hong Kong Dept have asked that in examining the Ordinances, special attention be paid to the following points:

2*

i.

ii.

iii.

Whether, under the relevant Legislation of other Dependent Territories, citizens of the United Kingdom and Colonies (including or excluding United Kingdom patrials) may be deported or removed from that territory without any right of appeal or any form of judicial enquiry into their cases;

Whether there is special provision for British subjects in cases of deportation; and

Whether there is any distinction in terminology in the Ordinance between United Kingdom belongers and citizens of the United Kingdom and Colonies, and whether any distinction is made between them in cases of deportation.

This reply is based on the following territories:-

Bahamas

Bermuda

British Honduras

BSIP

British Virgin Islands

Cayman Islands

Gibraltar

GETC

Montserrat

New Hebrides

Seychelles

Turks & Caicos Islands;

copies of the relevant legislation are attached.

3. With regard to Sections i, ii and iii in paragraph 1, the position is as follows:

Bahamas: the Immigration Act 1967

Section 36(1) states the cases where the Governor may make a deportation order.

4.

1

DD 896639 140609 500M 7/71 GM 3643/2

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