MR LAIRD
HONG KONG IMMIGRATION ORDINANCE 1971
1.
да
In Gammarg Pl sph.
EX
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I know this is a complicated picture but with respect
I am doubtful whether your submission below clarifies the issue sufficiently for Ministers.
2.
3.
It would be better if we recast it:
•
(i) to bring out the courses open to Ministers as set out in paragraph 8 (Royal Assent to Colonial Laws) of
Section 11L of the old Colonial Office Code of Procedure
particularly as set out in sub-paragraph (c) of that paragraph but bringing into the picture the possibility, which is open to us in Hong Kong, to ensure the passage of satisfactory amendments by the use of the Governor's casting votes at Legislative Council.
(ii) by giving an assessment of the effect in Hong Kong
of our taking action to make amendments.
(iii) by analysing the contingency which amendments would be designed to meet. This seems capable of clearer definition than appears in the submission ie that objection might be made to HMG either on a hypothetical case or on an actual case where a citizen of the UK and colonies who was not
a UK belonger, but who was being deported by the Executive on grounds other than a Court recommendation or Security and HMGs relations with foreign powers was being denied the opportunity given to UK belongers of having his case examined by a judicial type tribunal before the Executive took its decision. What advice would we give Ministers
if such a case arose? And what are our views as to the
"seriousness" of any objections on this ground to the legislation in its present form?
I have two other points which need to be worked into the
submission somewhere:
(i) the citizen of the UK and the Colonies who felt himself jeopardized by the law as amended would presumably base any approach to Ministers on the argument that it would be inequitable to let Hong Kong divide such citizens, coming from outside the colony into first and second class categories and,
/(ii)
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