TNAG-1092-FCO40-1342-Hong-Kong-legislation-on-immigration-and-applications-and-pe-1981 — Page 53

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RESTRICTED

For discussion

on 23rd June 1981

XCR (81)164

Copy No

•

HKK 341/4 MEMORANDUM FOR EXECUTIVE COUNCIL

51

2.9 JUN 1981

DESK OFFICER

REGISTRY

INDEX

Immigration Ordinance

(Chapter 115)

•

31

PA

Background

IMMIGRATION (AMENDMENT) (NO 2) BILL 1981

Pho 2916

Revision of laws

PA 72616

The Laws of Hong Kong are continuously revised. The preparation of revised editions is authorised, and in certain circumstances required, by section 13 of the Revised Edition of the Laws Ordinance 1965. An important aspect of such revision is the omission of provisions which have expired or have become spent or have had their effect, which is also expressly authorised by the Ordinance.

Omission of 1971 immigration

transitional provisions

2

The Immigration Ordinance (No 55 of 1971) was enacted in October 1971 to consolidate and revise the immigration and deportation laws. It contained extensive transitional provisions in its Second Schedule. In 1977 a revised edition of this Ordinance was issued and the Second Schedule was omitted as its provisions appeared to have all had effect and to be spent. In 1979 a further revised edition of the Ordinance was issued likewise omitting the Second Schedule.

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While the objects of the transitional provisions have been largely effected cases are still encountered where those provisions have to be relied on. For example, action is from time to time still taken on the strength of a deportation order made under one of the Ordinances repealed by the Immigration Ordinance 1971 whether it be for deportation from Hong Kong of the person against whom it is made or prosecution for breach of the order or merely the rescission thereof. In a recent judgment of the Court of Appeal, some doubt was expressed about whether the transitional provisions originally contained in the Second Schedule to the 1971 Ordinance could have survived their omission from the 1977 and 1979 revised editions.

Proposal

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It is accordingly considered desirable for the avoidance of doubt to restore the transitional provisions. Notwithstanding that some of these

G.S. 84

RESTRICTED

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