TNAG-0354-FCO40-390-Legislation-for-immigration-and-deportation-in-Hong-Kong-1972 — Page 119

File recalled

other action

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Reference НКК 18/10

Mr Smedley (Nationality and Treaty Department) CH 502

If I am incorrect in minuting these papers to you, perhaps you would be good enough to pass them on to their correct destination.

2.

In October 1971 the Hong Kong Legislative Council enacted the Immigration Ordinance, a copy of which is behind (53) on the 1971 file. Ministerial approval has now been obtained for the Governor to be informed in the normal manner that Her Majesty's Powers of Disallowance will not be exercised in respect of the Ordinance. Action has accordingly been taken in terms of the formal despatch, a copy of which is at (7) on this file.

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3. In the course of the consideration which has been given to this matter, Legal Advisers raised the a point in connection with the existence of possible Treaty obligations entered into by HMG. The point is explained in paras 4 6 of Mr Gilmove's minute of 30 November 1971 at (62) (Flagged F) on the 1971 file. You will see that Mr Gilmove has specifically mentioned the existence of one such Treaty obligation and advised that the Hong Kong authorities should be made aware of the existence of this obligation (this has been done in the letter at (10) on this file). Mr Gilmore went on to mention the possibility of the existence of other Treaty obligations of this kind. For example, he mentioned the existence of a Treaty between the United Kingdom and Japan of 1962 but apparently that Treaty does not extend to Hong Kong and if this is the case then it can be ignored.

4.

It is, however, possible that other Treaties of this nature do exist which do extend to Hong Kong and it is on this point that I am seeking your advice. Are you in fact in a position to advise whether there are any other Treaty obligations of this character which we should bring to the notice of the Hong Kong Government? If not, can you say whether any other department (? Research Department) might be in a position to do so?

24 February 1972

A

aminara

Hong Kong Department

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