TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 7

For decision on

7 April 1992

CONFIDENTIAL

HKC 24115

TS APR 1992

CM

Mr BONION.

ps.

15

XCC(92)63

Copy No. 34

MEMORANDUM FOR EXECUTIVE COUNCIL

Immigration Ordinance (Chapter 115)

IMMIGRATION (AMENDMENT) BILL 1992

THE PROBLEM

Some sections of the Immigration Ordinance, not covered by the exceptions and savings provisions in the Hong Kong Bill of Rights Ordinance (BOR), are inconsistent with certain other parts of the BOR.

A

RECOMMENDATION AND ADVICE SOUGHT

2

It is recommended that the Immigration (Amendment) Bill 1992, at Annex A, should be introduced into the Legislative Council.

3

Members will be asked to advise whether this recommendation should be approved.

BACKGROUND AND ARGUMENT

4

The Immigration Ordinance (“the Ordinance") is subject to the one-year "temporary savings" provision in section 14 of the BOR. That provision will cease to have effect on 8 June 1992. After that, all provisions contained in the Ordinance will be subject to the BOR, except those covered by the exceptions and savings prescribed in sections 11 and 12 of the BOR(1)*, unless extended by resolution of the Legislative Council.

* Note (1) : "11. As regards persons not having the right to enter and remain in Hong Kong, this Ordinance does not affect any immigration legislation governing entry into, stay in and departure from Hong Kong, or the application of any such legislation.

12. Article 9 does not confer a right of review in respect of a decision to deport a person not having the right of abode in Hong Kong or a right to be represented for this purpose before the competent authority.”

Executive Council