TNAG-0354-FCO40-390-Legislation-for-immigration-and-deportation-in-Hong-Kong-1972 — Page 120

RESTRICTED

MDA Clinton Esq CMG GM Deputy Colonial Tecretary Colonial Secretariat HƯNG KONG

AKK 18/10

23 February 1972

HONG KONG IMMIGRATION ORDINANCE 1971

We recently sent you the usual formal despatch notifying you of the non-disallowance of the Immigration Ordinance.

2.

There are a couple of points which have occurred to us here concerning the actual administration of this new law which we think should be mentioned to you.

The first is simply a reminder of the point raised in paragraph of FCC Tel No 740 of 5 October. The Ordinance distinguishes in its powers of deportation between United Kingdom belongers and other citizens of the United Kingdom and Colonies. But under the terms of the UK 1971 Immigration ct a non-patrial citizen of the United Kingdom and Colonies deported from Hong Kong would not have right of entry into the United kingdom. IMG are unlikely to accept non-patrials on deportation from Hong Kong save in exceptional cases. is therefore a point which will need to be borne in mind when considering deportations in this category.

4.

This

Second, while the Crdinance makes no provision for it, under Treaty Her Majesty's Government may in practice be obliged to accord to nationals of certain states treatment equal to that accorded to United Kingdom nationals. An example of such preferential treatment is to be found in Article 1 of the Treaty of Friendship, Commerce and Reciprocal Establishment of 1855, between the United Kingdom and Switzerland (copy enclosed). In the circumstances of this Treaty a Swiss national could be in a more privileged position in relation to his removal or deportation from Hong Kong than a citizen of the United Kingdom and Colonies who was not a United Kingdom belonger. You are no doubt aware of the Treaty position -in as much as Hong Kong itself is affected and such cases would in any case be extremely rare. There may be other examples of "reaties of this kind and we are doing some research into the point. If any others do come to light we shall

let you know.

A Gaminara

Hong Kong Department

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