TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 192

60

c. 77

SCH. 4

Immigration Act 1971

(4) Where anything having effect in the United Kingdom by virtue of sub-paragraph (1) or (2) above ceases to have effect or is altered in effect as mentioned in sub-paragraph (3) or otherwise by any- thing done under this Act, sub-paragraph (1) or (2) shall not there- after apply to it or, as the case may be, shall apply to it as so altered in effect.

(5) Nothing in this paragraph shall be taken as conferring on a person a right of appeal under this Act against any decision or action taken in any of the Islands.

2. Notwithstanding section 3(4) of this Act, leave given to a person under this Act to enter or remain in the United Kingdom shall not continue to apply on his return to the United Kingdom after an absence if he has during that absence entered any of the Islands in circumstances in which he is required under the immigration laws of that island to obtain leave to enter.

Deportation

3.-(1) Subject to sub-paragraph (2) below, where under the immi- gration laws of any of the Islands, a person is or has been ordered to leave the island and forbidden to return, then, if he is not patrial, this Act shall have effect in relation to him as if the order were a deportation order made against him under this Act.

(2) The Secretary of State shall not by virtue of sub-paragraph (1) above have power to revoke a deportation order made in any of the Islands, but may in any particular case direct that sub-paragraph (1) shall not apply in relation to an order so made; and nothing in this paragraph shall render it unlawful for a person in respect of whom such an order is in force in any of the Islands to enter the United Kingdom on his way from that island to a place outside the United Kingdom.

Illegal entrants

4. Notwithstanding anything in section 1(3) of this Act, it shall not be lawful for a person who is not patrial to enter the United Kingdom from any of the Islands where his presence was unlawful under the immigration laws of that island, unless he is given leave to enter.

Immigration Act 1971

c. 77

61

2.-(1) An adjudicator shall hold and vacate his office in accord- ance with the terms of his appointment and shall, on ceasing to hold office, be eligible for re-appointment.

(2) An adjudicator may at any time by notice in writing to the Secretary of State resign his office.

3. The Secretary of State shall pay---

(a) to the adjudicators, such remuneration and allowances as he may, with the approval of the Minister for the Civil Service, determine;

(b) as regards any of the adjudicators in whose case he may so determine with the approval of the Minister for the Civil Service, such pension, allowance or gratuity to or in respect of him, or such sums towards the provision of such pension, allowance or gratuity, as may be so determined;

and, if a person ceases to be an adjudicator and it appears to the Secretary of State that there are special circumstances which make it right that that person should receive compensation, the Secretary of State may, with the approval of the said Minister, pay to that person a sum of such amount as the Secretary of State may, with the approval of that Minister, determine.

SCH. 5

4. In Part III of Schedule 1 to the House of Commons Disquali- 1957 c. 20. fication Act 1957 (which lists offices the holders of which are dis- qualified for membership of the House of Commons), and in the said Part III as it applies by virtue of Schedule 3 to that Act in relation to the Senate and House of Commons of Northern Ireland, there shall be inserted at the appropriate point the words Adjudicator appointed for the purposes of the Immigration Act 1971".

4+

5. The adjudicators shall sit at such times and in such places as the Secretary of State may direct; and the chief adjudicator shall allocate duties among the adjudicators and have such other functions as may be conferred on him by the Secretary of State.

Section 12.

SCHEDULE 5

THE ADJUDICATORS AND THE TRIBUNAL

PART I

THE ADJUDICATORS

1. There shall be such number of adjudicators as the Secretary of State may with the consent of the Minister for the Civil Service deter- mine, and the Secretary of State shall appoint one of them as chief adjudicator.

PART II

THE TRIBUNAL

Members

6. The Tribunal shall consist of such number of members as the Lord Chancellor may determine, and the Lord Chancellor shall appoint one of them to be president.

7. The president and such number of the other members of the Tribunal as the Lord Chancellor may determine shall be barristers, advocates or solicitors, in each case of not less than seven years standing.