TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 5

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

at any time been ordinarily resident in Hong Kong for a continuous period of not less than seven years.

9.

A Chinese resident has the right to land in Hong Kong at any time and without any conditions attached to his stay in the Colony, unless there is a deportation order in force against him at the time (section 8(1)(c)).

10.

He may be deported by the Governor in Council if:

(1) he has been found guilty in Hong Kong of an offence punishable with imprisonment for not less than two years; or

(2) the Governor in Council deems it to be conducive to the public good (section 20(2)).

Provided that

(a)

a.court has recommended his deportation; or

(b) the Governor has taken into consideration the report of a Deportation Tribunal on the case; or

(c) the Governor certifies that the case concerns the security of Hong Kong or the relations of Her Majesty's Government in the UK with another country (section 20(3)).

United Kingdom Belongers

11. These are defined (section 2(1)) as persons who are citizens of the United Kingdom & Colonies by reason of their birth, adoption, naturalization or registration in the United Kingdom and the wives and children of such persons.

12. A United Kingdom belonger may be refused permission to land in Hong Kong by an immigration officer who can then remove him from Hong Kong during a period of up to 2 months thereafter. (Section 18).

13. After 2 months have elapsed from the refusal of permission to land, a United Kingdom belonger may only be removed by order of the Governor (section 19(1)(a)).

14. A United Kingdom belonger who:-

(i) lands in Hong Kong without permission or, having landed unlawfully, remains there without the authority of the Director of Immigration, or

(ii) contravenes any condition attached to his entry

whether or not he has been convicted of so doing

may be removed from Hong Kong by order of the Governor (section 19 (1)(b)).

2.

/15.

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