TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 167

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c. 77

PART I

Exemption from deportation for certain existing residents.

Immigration Act 1971

not be called in question except on an appeal against the recom- mendation or against the conviction on which it is made; but— (a) except in Scotland, the recommendation shall be treated as a sentence for the purpose of any enactment provid- ing an appeal against sentence; and

(b) in Scotland, a person recommended for deportation may, without prejudice to any other form of appeal under any rule of law, appeal against the recommenda- tion in the same manner as against a conviction.

(6) A deportation order shall not be made on the recommenda- tion of a court so long as an appeal or further appeal is pending against the recommendation or against the conviction on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiration of the time for bringing that appeal or, in Scotland, until the expiration of twenty-eight days from the date of the recommendation.

(7) For the purpose of giving effect to any of the provisions of this section in its application to Scotland, the High Court of Justiciary shall have power to make rules by act of adjournal.

7.-(1) Notwithstanding anything in section 3(5) or (6) above but subject to the provisions of this section, a Commonwealth citizen or citizen of the Republic of Ireland who was such a citizen at the coming into force of this Act and was then ordinarily resident in the United Kingdom-

(a) shall not be liable to deportation under section 3(5)(b) if at the time of the Secretary of State's decision he had at all times since the coming into force of this Act been ordinarily resident in the United Kingdom and Islands; and

(b) shall not be liable to deportation under section 3(5)(a), (b) or (c) if at the time of the Secretary of State's deci- sion he had for the last five years been ordinarily resident in the United Kingdom and Islands; and (c) shall not on conviction of an offence be recommended for deportation under section 3(6) if at the time of the conviction he had for the last five years been ordinarily resident in the United Kingdom and Islands.

(2) A person who has at any time become ordinarily resident in the United Kingdom or in any of the Islands shall not be treated for the purposes of this section as having ceased to be so by reason only of his having remained there in breach of the immigration laws.

(3) The "last five years "before the material time under subsection (1)(b) or (c) above is to be taken as a period amounting

Immigration Act 1971

c. 77

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in total to five years exclusive of any time during which the person claiming exemption under this section was undergoing imprisonment or detention by virtue of a sentence passed for an offence on a conviction in the United Kingdom and Islands, and the period for which he was imprisoned or detained by virtue of the sentence amounted to six months or more.

(4) For purposes of subsection (3) above-

(a)

sentence

"

includes any order made on conviction of an offence; and

(b) two or more sentences for consecutive (or partly con- secutive) terms shall be treated as a single sentence; and

(c) a person shall be deemed to be detained by virtue of a

sentence-

(i) at any time when he is liable to imprisonment or detention by virtue of the sentence, but is unlaw- fully at large; and

(ii) (unless the sentence is passed after the material time) during any period of custody by which under any relevant enactment the term to be served under the sentence is reduced.

**

PART I

In paragraph (c)(ii) above relevant enactment " means section 67 of the Criminal Justice Act 1967 (or, before that 1967 c. 80 section operated, section 17(2) of the Criminal Justice Adminis- 1962 c. 15. tration Act 1962) and any similar enactment which is for the time being or has (before or after the passing of this Act) been

in force in any part of the United Kingdom and Islands.

(5) Nothing in this section shall be taken to exclude the operation of section 3(8) above in relation to an exemption under this section.

8. (1) Where a person arrives at a place in the United Exceptions Kingdom as a member of the crew of a ship or aircraft under for seamen, an engagement requiring him to leave on that ship as a member aircrews and of the crew, or to leave within seven days on that or another

other special aircraft as a member of its crew, then unless either-

(a) there is in force a deportation order made against him;

or

(b) he has at any time been refused leave to enter the United Kingdom and has not since then been given leave to enter or remain in the United Kingdom; or (c) an immigration officer requires him to submit to exami-

nation in accordance with Schedule 2 to this Act;

he may without leave enter the United Kingdom at that place and remain until the departure of the ship or aircraft on which he is required by his engagement to leave.

cases.