RESTRICTED
Annex B
Deportation Procedure
Under section 20(1) of the Immigration Ordinance (Cap 115, Laws of Hong Kong), the Governor in Council may make a deportation order against an immigrant, other than a British citizen or a United Kingdom belonger, if the person. has been found guilty in Hong Kong of an offence punishable with imprisonment for not less than 2 years or if the Governor in Council deems it to be conducive to the public good.
For a British citizen or a United Kingdom belonger, under section 20(2), the Governor in Council may make a deportation order against if the person has been found guilty in Hong Kong of an offence punishable with imprisonment for not less than 2 years or if the Governor in Council deems it to be conducive to the public good, only subject to a special judicial process, as follows.
Unless on the recommendation of a court or the Governor has certified that their departure from Hong Kong is necessary in the interest of the security of Hong Kong or for political reasons affecting the relations of Her Majesty's Government in the United Kingdom with another country, the Chief Justice shall, under section 22(1), on application by the Attorney General, appoint a Deportation Tribunal to hold an inquiry. Under section 22(2), every Deportation Tribunal shall consist of a judge or a district judge, who shall be the president of the Tribunal, and two other members selected by the Chief Justice from a panel appointed by the Governor. Under section 22(3) the Governor may appoint such person as he thinks fit to be members of the panel. The Deportation Tribunal now deals only with British citizens who do not have the right to land in Hong Kong, or United Kingdom belongers who do not have that right.
RESTRICTED
No comments yet.
Private notes are available after approval.