TNAG-0354-FCO40-390-Legislation-for-immigration-and-deportation-in-Hong-Kong-1972 — Page 126

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

7. The following courses are now open to us:

(1) We may accept the Ordinance as enacted and inform

the Governor that Her Majesty's power of disallowance

will not be exercised.

(2)

Her Majesty may exercise her power of disallowance,

in which case the Governor would be informed accordingly

(NB to adopt such a course would be an extreme measure

which is very rarely followed).

(3) We may ask the Governor to take steps to remedy the

situation by the enactment of amending legislation

and inform him that in the meantime no advice will be

terdered to Her Majesty regarding the exercise of her

pavers of disallowance. (This would, of course,

be a warning to the Governor that the power of

disallowance might be exercised if the Ordinance were

not amended.)

(4) We may inform the Governor as in (1) above but ask

him at the same time to consider amending the

Ordinance in order to give effect to the views of

Ministers (see paragraph 4 above).

ARGUMENTS AGAINST ALLOWING THE ORDINANCE TO REMAIN AS IT IS

8.

(1)

these

The position under the Ordinance as it now stands

could give rise to objections by way of petition to Her Majesty's Government from those concerned;

objections might be based either on hypothetical

grounds or on an actual case of removal or deportation

and might advance the argument that it would be

inequitable for Hong Kong to be allowed to divide

3.

/citizens

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