TNAG-0354-FCO40-390-Legislation-for-immigration-and-deportation-in-Hong-Kong-1972 — Page 111

Reference

HKK 18/10

will

Mr Streeton (Migration

strepton (Migration and Visa

and Visa Dept CL 635)

No

1.

I mentioned the arrival of (11) and enclosures to you yesterday. So far as I am aware, this department has never previously been concerned in the transmission of immigration instructions to British Missions, and I am accordingly totally unfamiliar with the procedure. I should be grateful for any advice that you can give on this matter.

2. There are two draft circular saving telegrams enc- losed with and copies are at front cover. I have been through them and have the following comments to offer:

3.

(a) There is presumably an immigration nomen- clature which is normally used in instructions of this kind, but I do not know if the drafts are in accordance with such nomenclature. For example, the drafts use the expression "United Kingdom Citizens". I presume that this has precisely the same meaning as "United Kingdom Belongers", which is the expression used in the Hong Kong Immigration Ordinance, 1971 (see copy behind (53) on the 1971 file). I have drawn attention, in pencil, to other points which strike me as requiring to be checked. Most of these points I think fall within the heading of "nomenclature", and some are straight drafting points.

(b) There is, however, one légal point which I think should be checked. This relates to para- graph 6 of the draft saving telegram which I have marked A. I am not sure whether the statement in the first sentence of this paragraph is legally correct, having regard to the definitions in the Ordinance of "United Kingdom Belonger" and "Resident United Kingdom Belonger" (see Section 2 (1) of the Ordinance) I should have thought that if a husband was a resident United Kingdom belonger, then under the definition of "United Kingdom Belonger" his wife and children were also resident United Kingdom belongers. If you consider that there is any doubt on this point, perhaps you would pass files to Mr Rushford or to your own departmental Legal Adviser.

There is at (67) on the 1971 file an analysis which I prepared of the provisions of the Ordinance in relation to the entry into and removal or deportation

/from Hong Kong

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