TNAG-1448-FCO40-1947-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1986 — Page 119

G.S. 34

For discussion

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XCR (86) 209 Copy No...

MEMORANDUM FOR EXECUTIVE COUNCIL

23

484

on 18 November 1986

Immigration Ordinance (Chapter 115)

RESCISSION OF DEPORTATION ORDER MR CHU SUM ALIAS LAI SHUI-HEI ALIAS LAI SHUI-HI ALIAS LAI SUI-HI

ALIAS KWOK TAK-MING

Introduction

This memorandum seeks a decision on the rescission of a deportation order made against Mr CHU Sum, under section 55(1) of the Immigration Ordinance. This section provides that the Governor in Council may rescind a deportation order made against any person, including a deportation order made under the repealed Deportation of Aliens Ordinance by virtue of transitional provisions contained in section 66 and the Second Schedule of the Immigration Ordinance.

Background

2

Mr Chu was born in 1920 in China and first came to Hong Kong in 1949.

3

On 9 August 1954, Mr Chu was convicted and fined $30 for importing rice without a licence. On 1 April 1955, he was convicted of possession of arms and sentenced to imprisonment for twelve months. On 31 October 1955, a deportation order for life under section 8(1) of the now repealed Deportation of Aliens Ordinance was made against him and he was deported to China on 19 November 1955. He returned to Hong

to Hong Kong shortly afterwards and has since remained here.

4

On 29 October 1985, Mr Chu was

Mr Chu was convicted of assault occasioning actual bodily harm and was conditionally discharged. On 25 June 1986, he was convicted of making false statement with intent to have the same inserted in a register of birth and was absolutely discharged.

It was not discovered that Mr Chu was a deportee on these two occasions.

5

Mr Chu applied for an identity card in August 1985 and he was subsequently identified as a returned deportee.

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