TNAG-0498-FCO40-563-Deportation-of-foreign-nationals-from-Hong-Kong-1974 — Page 9

Mr Rushford

1.

Reference.....

371)

Having looked at these papers and the law, it occurs to me that Mr Tracy might have a point. Section 18(2) does not appear to give a right of detention for two months, but only to set a term within which removal must be carried out. Presumably it would theoretically be possible for the refusees to be at liberty in the interim.

2.

Section 32(1) provides that the Director may order detention pending removal (subject to Section 18(2)), but he has to be a person who "is to be removed". Mr Tracy's point is that until 15/16 June (July is a mis-type) the Director was saying that no decision to remove had been taken. In the absence of such a decision it looks as if the Director can detain under his own authority for up to a week (Section 26). If so this was exceeded. Under Section 32(2) the Colonial Secretary can detain for 14 days pending submission to the Governor and for 14 days thereafter, but that seems to apply only in the circumstances of Section 19, e.g. where the person has been in Hong Kong for more than two months. However, if 32(2) can be stretched to cover this case, that would be all right, as by Mr Tracy's own admission they were not detained for more than 14 days before the decision was taken.

3.

Perhaps we could discuss?

Kunjackom

23 December 1974

for

A C Stuart

Hong Kong & Indian Ocean Dept