TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 264

Reference

Mr Rushford (Legal Adviser K188)

52

At fc.

1.

We have now received advance copies of the Hong Kong Immigration Ordinance as enacted on 13 October (see copy in attached envelope).

2. In my opinion the, Ordinance does not give effect to Ministers' wishes as set out in paragraph 4 of (27) and as agreed to by the Governor in paragraph 3 of (37)

3. It is true that the Governor subsequently came back at us in his telegram at (46 requesting certain further amendments at the behest of the unofficial members of the Legislative Council. In your minute of 4 October with 46 you commented on the Governor's proposals and we conveyed our agreement with them in our telegram at 48. However, those amendments

were on a quite different matter and bore no relation to the question of providing judicial enquiries into cases of citizens of the United Kingdom and Colonies, whose removal under Section 19 (1) (c) of the Ordinance (formerly Clause 17 (1) (c) of the Bill behind 29) or deportation under Section 20 of the Ordinance (formerly Clause 18 of the Bill) was contemplated.

4. It seems to me that in order to give effect to,

Minister's wishes as expressed in paragraph 4 of 27 it would be necessary for citizens of the United Kingdom and Colonies to be included in Section 19 (3) of the Ordinance, excluded from Section 20 (1) and included in Section 20 (2) and (3).

5. I may have completely missed the point here but if I am right then we shall need to telegraph the Governor along the lines of the attached draft.

"

6.

I should be grateful for your advice.

1 November 1971

AW Gaminara

Hong Kong Department K 247

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DR Almar

3.11·71.

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