TNAG-0354-FCO40-390-Legislation-for-immigration-and-deportation-in-Hong-Kong-1972 — Page 36

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Mr Crowson

Mr Lairā

HONG KONG ADDITIONAL POWERS FOR IMMIGRATION OFFICIALS

We received on 12 July Executive Council

Memorandum on the proposed Immigration (Amendment)

Bill 1972. This Bill was published in Hong Kong on

14 July (see attached DIB) and "will be introduced

into the Legislative Council shortly."

•

•

I sent the proposed legislation for advice to

Migration and Visa Department and to Legal Advisers.

Please see their minutes of 17th and 19th June attached.

You will see that they have two main points:

(i) That adverse decisions should be made subject to

a referral to the Director (the definition of this

term includes other officers besides the Director

personally). But it may be that this is what

(ii)

is meant by Hong Kong's term "to a senior level".

That some of the powers, listed under paragraph

7, (marked with an X) appear to be unsuitable

to be exercised by Hong Kong's Immigration

Assistants.

It may be that this legislation has already been

But if we do want to

put to the Legislative Council.

ask the Hong Kong Government to consider amending their

Bill, we would have to act quickly. I think we are

unlikely to persuade the Hong Kong Government to alter

the Bill substantially.

The point at para. 2 (i) above

could be taken care of by administrative arrangement.

/As

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DD 897152 154596 500M 2/72 GM 3643/2