TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 9

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Reference..

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Mr Gaminara (Hong Kong Dept)

1.

The

Mr Rushford has asked me to deal with the se papers which came to him from Miss Brett Rooks. latter produced a lengthy memorandum analysing the relevant laws of the colonies, and this I attach, with additions. I felt, however, that it would also be most useful to produce some kind of graphic breakdown answering possible questions; the result of my work on this is also attached.

It emerges

at once that there are three basic types of legislation and three anomalous cases.

2.

in cases

Type (1) deals only with British subjects, and is in standard form; there is no appeal to the Governor, etc, but there is a form of judicial enquity and a right to be heard before the order is made: where a court has made a recommendation for deportation (all in this category provide for such recommendation) reference to an appeal is either omitted (3 cases) or else is of a non-binding character on the Governor, etc.

3. Type (2) (2 examples) provides only for an appeal to the Governor, etc. The ordinances are of general application.

4. Type (3) provides for the making of recommendations to the Governor (or Administrator) to whom an appeal lies from an order made by himself.

5. As to specially favourable treatment for British subjects, see para 40 of Miss Brett Rooks' minute, but none of the ordinances draw the kind of distinction Hong Kong draws.

6.

Miss Brett Rooks' conclusion in her para 41 is all right as far as it goes, but it is most important to distinguish between -

(a) appeal to the Governor (or whatever) (available in British Honduras, BSIP, Cayman Islands, GEIC, Seychelles and Montserrat);

(b)

a right of appeal to a court from the discretionary order (Montserrat only);

(c) the possibility that a recommendation by a lower court will be overturned on appeal (Bermuda, BSIP, GEIC - not mentioned elsewhere); and

(a) a right to a hearing before a judicial enquiry (British Honduras, BSIP, Cayman Islands, GEIC and Seychelles).

Copied to BIG) Ano

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