TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 22

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Mr Streeton (Migration & Visa Dept CL 635) Mr Blain (Dependent Territories General K 223) see minute

1.

The attached draft submission with flagged references is self-explanatory. Despite the idea mooted in paragraph 3 of Mr Streeton's minute of 23 November, I think that we must go back to Ministers on this issue.

circular Пе 18 Octobe 1970 f

peut to Dependent Toribing. 55 3/12

2. In his minute of 30 November Mr Gilmour has raised certain attendant issues but although we must bring these to the attention of the Hong Kong Government I do not think that there is any need to include reference to them in the submission.

3. Paragraphs 8, 9 and 11 of the draft submission contain arguments in favour of accepting the Immigration Ordinance as it stands. If you can think of any other arguments I should be grateful if you would include them in the draft. In particular, I am minuting these files through Dependent Territories General Department since they are at present carrying out: an exercise to co-ordinate the position under the immigration legislation of all dependent territories. I have accordingly left a space in paragraph 10 of the draft submission in the hope that DTGD will be able to insert something on the position in other dependent territories.

4. What we particularly need to know is whether, under the relevant legislation of other dependent territories, citizens of the United Kingdom and Colonies (including or excluding United Kingdom pa trials) may be deported or removed from that territory without any right of appeal or any form

And by of judicial enquiry into their cases. "removal" we are not concerned with the removal of those who are illegal immigrants or who have failed to comply with any conditions of their stay, but only with those who have entered legally in the first place. On this point please see Section 19 (1) (c) of the Hong Kong Ordinance.

5.

If DTGD are not in a position to give the above information perhaps they would pass these files on to the relevant dependent territories departments with the request that they will provide it.

6. Any other comments that you may have will be appreciated.

2 December 1971

AG

A W Gaminara Hong Kong Dept

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