Reference.
/British
Important to distinguish between diff- erent types of appeal see now A.P. 's minute of
person other than a Belonger or a person in possession of a valid permanent residence certificate which has not been revoked.
37. Section 32(2) states that a person who immediately before the making of a deportation order was lawfully within the Islands shall be entitled to appeal to the Administrator against the making of the order. wither 7 days
38. There are no special provisions for British subjects.
None of the above-mentioned Ordinances contain that distinction made in the Hong Kong Immigration Ordinance 1971 between a UK Belonger and a citizen of the United Kingdom and Colonies.
39.
40. Some territories (British Honduras, BSIP, Cayman Islands, GEIC, Seychelles) have special Ordinances to handle the deportation of British subjects; further, British Honduras and GEIC make extra provision for British subjects who have been ordinarily resident in that place for longer than a specified period since the approval of the Secretary of State must be obtained before the deportation order issued against that person becomes valid. Although Montserrat does not have a special Ordinance dealing with the deportation of British Immigrant Subjects, some preferment is given to them in the Undesirable Persons Expulsion Ordinance (Section 3).
41. Those territories which do not have separate deportation Ordinances (Bahamas, Bermuda, BVI, Gibraltar, New Hebrides and Turks & Caicos Islands) and which do not contain either any special provisions relating to the deportation of British subjects, all, with the exception of the New Hebrides, allow for appeal. (Bermuda only apparently allows for appeal in the case of a person brought before a Court of Summary Jurisdiction).
42.
As far as I am aware, no clause similar to that in the Hong Kong Immigration Ordinance 1971, Section 19(1)(c), exists in the Ordinances cited above.
3. Brett Rooks.
B Brett-Rooks (Miss) Dependent Territories General
9 December 1971
-7-
Dept.
DD 896639 140609 500M 7/71 GM 3643/2
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