TNAG-0354-FCO40-390-Legislation-for-immigration-and-deportation-in-Hong-Kong-1972 — Page 121

CONFIDENTIAL

Reference

НКК 18/10

9

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Mr Gaminara

HONG KONG IMMIGRATION ORDINANCE 1971

Ministers have now agreed that the Hong Kong Immigration Ordinance 1971 should be allowed to stand as enacted and formal notification of non-disallowance of the Ordinance has been sent to the Governor.

2. When we sought the views of the Legal Advisers on receipt of the Ordinance they suggested (Mr Gilmore's minute to you dated 30 November) that if it was agreed to accept the Ordinance as it stands we should however, remind Hong Kong of a couple of points to bear in mind when administering the law in practice. One concerned cases where a non-patrial citizen of the United Kingdom and Colònies deported from Hong Kong would not have a right of entry into the UK under the UK 1971 Immigration Act. The other point dealt with our obligations under Treaty to nationals of certain other states.

3.

I attach a draft letter from Mr Laird to the Colonial Secretary which has been cleared with the Legal Advisers. Mr Gilmore's minute refered to in para 2 above implied that there may be other Treaties like the one with Switzerland which would affect Hong Kong in a similar way. I feel we ought to be able to provide Hong Kong with a list of such Treaties as do exist and I suggest that after the attached letter has issued I should send copies of the correspondence to Migration and Visa/Nationality and Treaty Departments asking them to undertake the necessary research. I have not mentioned this point in the draft letter to Hong Kong in case such researches do not turn up any useful information.

Jaques will para: 3 and

You amendment.

You Coldwed.

Kave - copy

of the letter

22. 2.72

18 February 1972

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Mr Streelif. (MOVD)

P.M. Kelly

P M Kelly (Miss)

Please see the two mundes oflagged

зваж

with Miss Kelly's minile shove,

Are

2.

you

happy with Joara

3 of

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on albached file.

attached draft

better, which has been cleared with Legal Advies.?

I have suggested

of that paragraph.

Cumm

amandement to the last sentence

CONFIDENTIAL

21.4.

가.

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