TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 181

38

c. 77

Section 2.

1948 c. 56.

Immigration Act 1971

SCHEDULES

SCHEDULE 1

REGISTRATION as Citizen by reason of Residence, CROWN SERVICE ETC.

1. The law with respect to registration as a citizen of the United Kingdom and Colonies shall be modified as follows:-

(a) in the British Nationality Act 1948, immediately before section 6, there shall be inserted as section 5A the provi- sions set out in Appendix A to this Schedule, and no person shall be entitled to be registered under or by virtue of section 6(1) of that Act except in the transitional cases allowed for by paragraph 2 below; and

(b) in section 8 of the British Nationality Act 1948 (registration

outside United Kingdom)---

(i) after the words "foregoing sections" there shall be inserted in subsection (1) the words or, subject to sub- section (IA) of this section, under section 5A" and in subsection (2) the words or under section 5A of this Act"; and

看看

(ii) there shall be omitted in subsection (1) the words from and as if" onwards (except for purposes of regis- tration by virtue of paragraph 2 below), and there shall be inserted as subsections (1A) and (IB) the provisions set out in Appendix B to this Schedule; and

(c) for section 9 of the British Nationality Act 1948 there shall be substituted the provisions set out in Appendix C to this Schedule (which insert in the section a reference to the new section 5A and add a requirement for the taking in certain cases of an oath of allegiance).

2. Notwithstanding anything in paragraph 1 above or any repeal made by this Act (but subject to paragraph 3 below), a person who would but for this Act have been entitled under or by virtue of section 6(1) of the British Nationality Act 1948 to be registered as a citizen of the United Kingdom and Colonies shall be entitled to be so registered in the United Kingdom if he satisfies the Secretary of State that at the date of his application to be registered he had throughout the last five years or, if it is more than five years, through- out the period since the coming into force of this Act been ordinarily resident in the United Kingdom without being subject, by virtue of any law relating to immigration, to any restriction on the period for which he might remain.

3.-(1) A person in respect of whom a recommendation for depor- tation is at the date of his application in force shall not be entitled to be registered as a citizen of the United Kingdom and Colonies by virtue of paragraph 2 above.

(2) Where, in accordance with any regulations relating to appeals, a person, when he applies to be so registered by virtue of paragraph 2 above, has been given notice of a decision to make a deportation order in respect of him, he shall not be entitled to be so registered by virtue of that paragraph, unless before the date of his application

Immigration Act 1971

c. 77

39

an appeal by him against that decision has been finally determined in his favour or the Secretary of State has notified him that the order will not be made.

SCH. 1

(3) References in this paragraph to recommendations for deporta- tion, deportation orders and other matters shall include any such recommendation, order or matter under the enactments repealed by this Act; and accordingly this paragraph shall apply for purposes of paragraph 2 above in place of the corresponding provision made by section 12(1) of the Commonwealth Immigrants Act 1962 and 1962 c. 21. section 18 of the Immigration Appeals Act 1969.

4. (1) Paragraph 2 above shall apply in relation to a colony or protectorate with the substitution for references to the United King- dom and to the Secretary of State of references to that colony or protectorate and to the Governor; and in relation to a colony or protectorate paragraph 3 (1) and (2) shall have effect (with any necessary adaptations) with reference to deportation from the colony or protectorate.

KC

"

1969 c. 21.

(2) In this paragraph "colony protectorate" and "Governor have the same meanings as they have for purposes of the British 1948 c. 56.

does not include an Nationality Act 1948, except that colony associated state.

5.-(1) It is hereby declared that this Schedule extends to each of the associated states; and in the application of paragraphs 2 and 3 to an associated state-

(a) in paragraph 2 references to the associated state shall be substituted for references to the United Kingdom; and (b) paragraph 3(1) and (2) shall have effect (with any necessary adaptations) with reference to deportation from the asso- ciated state.

(2) In paragraph 4 of Schedule 3 to the West Indies Act 1967 1967 c. 4. (which provides for a person other than the Secretary of State to be given in relation to an associated state certain functions of the Secre- tary of State, including those under sections of the British Nationality Act 1948 listed in paragraph 4(3)(a)) there shall be inserted at the beginning of sub-paragraph (3)(a) the words "section 5A except as regards registration under section 5A(1) and": and where by virtue of that paragraph the functions of the Secretary of State under section 6(1) of the British Nationality Act 1948 are exercisable by another person the reference in paragraph 2 above to the Secretary of State shall have effect as a reference to that person.

APPENDIX A TO SCHEDULE 1

Provisions to have effect as section 5A of British Nationality Act 1948

5A. (1) Subject to the provisions of subsections (5) and (6) below, a citizen of any country mentioned in section 1(3) of this Act, being a person of full age and capacity, shall be entitled, on making application therefor to the Secretary of State in the prescribed