TNAG-0354-FCO40-390-Legislation-for-immigration-and-deportation-in-Hong-Kong-1972 — Page 125

4.

Ministers had considered that in the absence of any

recommendation by a Court for deportation, the Ordinance should

provide for some judicial enquiry into all cases involving the removal (under Section 19(i)(c)) or deportation (under Section 20) from Hong Kong of any citizen of the United Kingdom and

Colonies. The results of such enquiry would be taken into

account before any decision whether to remove or deport was

taken. However, Ministers had agreed that the need for such

an enquiry could be dispensed with in cases which the Governor

certified as involving security considerations or political

considerations involving the relations of Her Majesty's

Government in the United Kingdom with another country.

5. The Governor agreed that the necessary provision to meet

the above points should be made and approval was accordingly

given for the legislation to be enacted.

6.

However, the Ordinance as enacted restricts the

application of the above provision to those citizens of the

United Kingdom and Colonies who are United Kingdom belongers.

This means that any other citizens of the United Kingdom and Colonies (eg belongers of other dependent territories and those having no close connection with the United Kingdom, such

as those Asians in East Africa who have maintained their citizenship of the United Kingdom and Colonies) may accordingly be removed (by the Governor) or deported (by the Governor in Council) without any prior judicial enquiry into their cases.

17.

2.