TNAG-0354-FCO40-390-Legislation-for-immigration-and-deportation-in-Hong-Kong-1972 — Page 140

I doubt the relevence of this argument. The conceper of "falined" was

Imknown when the law was douffed,

MW),

necessarily be the same as that of the United Kingdom.

The

Colony does not have the same relationship with such persons

as does the United Kingdom and the conditions and circumstances

in Hong Kong are quite different.

4. In any case it is most likely that the great majority of

cases in which citizens of the United Kingdom and Colonies are

removed or deported from Hong Kong will either be the result

of a court recommendation (following a conviction for a

criminal offence) or will involve security or political

considerations; and it has been agreed all along that the

need for a judicial enquiry could be dispensed with in cases

which the Governor certified as involving security or political

considerations.

5. Reference to the deportation legislation of other dependent

territories shows that there is no general uniformity in the

treatment of citizens of the United Kingdom and Colonies.

In

no other territory is any distinction made, so far as deportation

or removal are concerned, between United Kingdom patrials and

other citizens of the United Kingdom and Colonies.

But

circumstances in Hong Kong are, in any event, so different from

those obtaining elsewhere that the practice in other dependent

territories is not necessarily relevant to the situation in

Hong Kong.

6. For the above reasons and since the position of UK patrials

is safeguarded I recommend that the Ordinance be accepted as

enacted and that notification of its non-disallowance be conveyed

to the Governor in the normal way.

2.

/7.