布政司署
香港下亞厘畢道
RESTRICTED
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
本署檔號 Our Ref.:
PA SCR 5/3571/89
1.1m
來函檔號 Your Ref:
M
6 November 1991
N J Cox Esq
2. Pl
Pl cc with
ref:
Hong Kong Department
FCO
AM 18/4
Miss Brooks, Legal Aduser
Mr Rickeown, planners HKB 061/1
3. M
4. pa ра
Jean Nigel,
shore 18/11
M
15/ki.
Conference of Chinese Student
Federations:
July 1991
72
Thank you for your letter of 23 October which asked about the domestic legal basis of our decision to deny entry to a group of overseas activists last July. As you know, I was not here at the time but I have been over the papers and discussed the position with our legal adviser on immigration matters.
2.
the
The fundamental position, as you know, is that provided a person is not a permanent resident or a British resident he may be refused permission to land by an immigration officer under Section 11(1) of the Immigration Ordinance, Cap.115. limits on the immigration officer's discretion are not prescribed. An immigration officer may refuse permission to land either on his own initiative in accordance with departmental guidelines or in compliance with the directions of the Governor or Director of Immigration given either generally or in a specific case under Section 51 or 52 of the Ordinance respectively. If an immigration officer refuses entry in accordance with such direction that would be sufficient reason so far as the officer is concerned.
3.
A direction of the Governor that a person or class of persons should be refused permission to land in Hong Kong on the grounds that he is of the opinion that they are undesirable immigrants and their presence in Hong Kong would not be conducive to the public good is not susceptible to question by the courts unless there is evidence of bad faith. If he has formed that opinion in relation to persons identified by name or description he may give a direction accordingly: this may of
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73
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