TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 16

Reference.

5.

Section 36(3) states that in the case of a person who was lawfully within the Colony before the making of the deportation order, he shall be entitled to appeal to the Governor within 7 days against the order.

6.

There is no special provision for British subjects, who are treated as aliens.

Bermuda: the Bermuda Immigration and Protection Act 1956 as subsequently amended

7.

Section 102(1) (a), (b), (c) and (d) outlines the cases where the Governor may make a deportation order.

8.

Section 102(2) states that:-

"Where any case in which a court of summary juris- diction has made a recommendation for the making of a deportation order is brought by way of appeal before the Supreme Court, and the Supreme Court certifies to the Governor-in-Council that it does not concur in the recommendation then such recommendation shall be of no effect, but without prejudice to the power of the Governor-in-Council to make a deportation order under paragraph (b) or paragraph (c) or paragraph (d) of the foregoing subsection.

9. Section 2 of the Transfer of Functions and Reorganisation (Board of Immigration) Act 1968 amending Section 10 of the Principal Act states that:-

...

"Any decision ... given or made by the Governor-in- Council or the Governor in discharge of any duty imposed upon him, by or under the provisions of this Act shall be final and conclusive, and shall not be subject to question or review by any court or tribunal whatsoever."

Thus it does not appear that persons to be deported under Sections (b), (c), (d) of Section 102(1) have‍ the right of appeal against a decision of the Governor-in-Council or the Governor, unless they are convicted before a court of summary jurisdiction and entitled therefore to appeal.

10. The special provisions relating to the deportation of British subjects were repealed by the Bermuda Immigration and Protection Act, 1956 Amendment Act, 1969, Ordinance No 190 of 1969.

British Honduras: the Deportation (British Subjects) Ordinance 1958

11. Section 3 states the conditions under which the Minister for Immigration may make a deportation order in respect of an immigrant British subject who does not belong to British Honduras.

12. Section 6, however, states that before any

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/deportation order

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