TNAG-1202-FCO40-1504-Policy-on-visas-and-entry-certificates-in-Hong-Kong-1982 — Page 17

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(c) obtained the status of a British subject by reason of the grant by the Governor of a certificate of naturalization under the British Nationality and Status of Aliens Act, 1914[[or the local naturalization [, or the British Ordinance; or

(d) is the wife of a person to whom any of the foregoing paragraphs applies not living apart from such person under a decree of a competent court or a deed of separation; or

(e) is a child, stepchild or adopted child having been adopted in a manner recognized by law, under the age of [eighteen] years, of a person to whom any of the foregoing paragraphs applies.

Nationality Act, 1948

(3) For the purposes of this Ordinance a person shall be deemed to be an immigrant British subject if at the date of the service upon him of a notice the is a British under section 7 of this Ordinance, or, in the case of a convicted person, the subject date upon which he is charged with the offence, he is a British subject and has

for less than the following periods and not immediately before otherwise, unless the approval of the Secretary of State shall have been given that date to the making of a deportation order in respect of such person at any time before it is made:-

Lordinarily been resident in [

(a) in the case of a prohibited immigrant, a period of three months; (b) in the case of a convicted person [other than a person who is a convicted person solely by reason of his being a prohibited immigrant](') or of an undesirable person, a period of two years; and

(c) in the case of a destitute person, a period of one year : Provided that in determining whether any person is an immigrant British subject, any period during which a deportation order, a restriction order or a security order made under this Ordinance has been in force as respects that person shall not be taken into account.

3. Subject to the provisions of this Ordinance, the Governor-in-Council Power to make may, if he thinks fit, make a deportation order in respect of an immigrant British Deportation subject who does not belong to [

and who is-

(a) a convicted person in respect of whom the court certifying to the Governor that he has been convicted recommends that a deportation order should be made in his case, either in addition to or in lieu of sentence; or

(b) an undesirable person; or

(c) a destitute person; or

(d) a prohibited immigrant.

Orders.

4. Subject to the provisions of this Ordinance, the Governor-in-Council Power to make may, if he thinks fit, make a restriction order in respect of any British subject Restriction who is-

(a) a convicted person in respect of whom the court certifying to the Governor that he has been convicted recommends that a deportation order or a restriction order should be made in his case, either in addition to or in lieu of sentence; or

(b) an undesirable person.

Orders.

5.-(1) Subject to the provisions of this Ordinance, the Governor-in-Council Power to make may, if he thinks fit, make a security order in respect of any British subject Security Orders.

who is-

(a) a convicted person in respect of whom the court certifying to the Governor that he has been convicted recommends that a deportation order or a restriction order or a security order in conjunction with either of those orders should be made in his case, either in addition to or in lieu of sentence; or

(b) an undesirable person;

or in the case of an immigrant British subject who does not belong to [

(c) a destitute person; or

]

(d) a prohibited immigrant.

prohibited immigrant". The words in brackets should be

may, notwithstanding absence of intention to infringe

A 4

(1) See note to the definition of inserted where a "prohibited immigrant the law, be convicted of an offence.

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