TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 17

Reference

S. 7(1): notice

to show cause why an order should not be made under s.8

S.3(2) an

order may be quashed on appeal from the order of a lower ct., but without prejudice to the discretion of the HC

order, restriction order or security order shall be made under this Ordinance, a Judge must have made a report on the case and the Minister must be satisfied that the order may lawfully be made.

13. There is further special provision for British subjects in Section 2(3) inasmuch as the permission of the Secretary of State must be obtained if the Minister wishes to deport an immigrant British subject who has been ordinarily resident in British Honduras for more than the following periods:·

a. in the case of a prohibited immigrant,

a period of 3 months;

b.

C.

in the case of a convicted person, other than a person who is a convicted person solely by reason of his being a prohibited immigrant, or of an undesirable person, a period of 4 years; and

in the case of a destitute person, a period of one year.

BSIP: the Deportation (Immigrant British Subjects) Ordinance 1963

14. Section 3(1) outlines the cases in which the High Commissioner may make a deportation order in respect of an immigrant British subject who does not belong to the Protectorate.

15. Section 4, however, states that if no court has already recommended that such an order should be made, no deportation order should be made, except where a Judge has made a report on the case in accordance with Sections 5 and 6 of this Ordinance, and the High Commissioner is satisfied that the order may properly be made. notice to show cause Why an order should not be

made

16. There is further special provision for British subjects in Section 2(4) inasmuch as the approval of the Secretary of State must be obtained if a deportation order is made in respect of an immigrant British subject who has been resident in the Protectorate for longer than the following periods:-

additional powers under 13/66 to

a.

deal with un-

lawful immigrats

any person:

complete discretion

C.

d.

in the case of a prohibited immigrant, a period of 6 months;

in the case of a convicted person, a period of 2 years;

in the case of an undesirable person who is not a prohibited immigrant, a period of 4 years;

in the case of a destitute person, a period of one year.

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