HC Deb 12 November 1975 vol 899 cc855-9W
Mr. George Cunningham

asked the Secretary of State for Foreign and Commonwealth Affairs if he will publish details in respect of each of the dependent territories of: (a) whether the governor has power to expel a citizen of the United Kingdom and colonies from the territory, (b) to what extent those citizens who belong to the territory are excluded from such a power, (c) whether the governor is obliged to state reasons for his decision and (d) whether there is an appeal to the courts.

Mr. Rowlands,

pursuant to his reply [Official Report, 30th October 1975, Vol. 898, c. 611], gave the following information.

The details in respect of the dependent territories are as follows:

Belize

  1. (a) The power to deport a British subject is vested in a Minister not in the Governor.
  2. (b) Completely.
  3. (c) Deportation orders must be reported to the Secretary of State for Foreign and Commonwealth Affairs stating the grounds.
  4. (d) No. The power can be exercised only after an enquiry and report by the Supreme Court Judge.

Bermuda

  1. (a) Yes.
  2. (b) Persons belonging to Bermuda (ie persons with Bermudian status or naturalised in Bermuda and wives and children of such persons) are excluded from such a power.
  3. (c) No.
  4. (d) No.

British Virgin Islands

  1. (a) Yes.
  2. (b) Completely.
  3. (c) No.
  4. (d) No.

Cayman Islands

  1. (a) Yes.
  2. (b) Persons having Caymanian status under the Cayman Protection Law 1971 are excluded from such a power.
  3. (c) No, but the Governor is obliged to report any deportation order made by him to the Secretary of State for Foreign and Commonwealth Affairs.
  4. (d) There is no appeal to the Courts against the making of a Deportation Order.

Falkland Islands

  1. (a) Yes, unless the citizen is in possession of an entry permit issued by an Immigration Officer under the Immigration 857 Ordinance 1965. The Governor may revoke an entry permit.
  2. (b) A "permanent resident", a term given a wide meaning by the Ordinance, cannot be expelled.
  3. (c) No.
  4. (d) No.

Gibraltar

  1. (a) Yes, expulsion takes the form of the withdrawal of the permit authorising residence.
  2. (b) Gibraltarians under the Gibraltarian Status Ordinance do not require permits to reside in Gibraltar and cannot be expelled. Certificates of permanent residence issued under Section 26A of the Immigration Control Ordinance cannot be withdrawn and their holders cannot be expelled. Such certificates are issued to: (i) any citizen of the United Kingdom and Colonies who is not a Gibraltarian but who or whose father was born in Gibraltar; and (ii) any citizen of the United Kingdom and Colonies who or whose father was registered or naturalised as such in Gibraltar before 1st January 1973.
  3. (c) The Governor is not obliged to state reasons for the withdrawal of a permit authorising residence.
  4. (d) No appeal lies against the withdrawal of such a permit.

The Gilbert Islands

  1. (a) Yes.
  2. (b) Completely.
  3. (c) Yes, in the case of deportation under the Deportation (Immigrant British Subjects) Ordinance; no, in the case of removal under the Immigration Ordinance, but the necessary prior conviction for unlawful presence in the territory would make the reasons clear.
  4. (d) No—but the Ordinances would involve the Courts or a judicial enquiry before removal or deportation.

Hong Kong

  1. (a) Yes.
  2. (b) Completely.
  3. (c) No.
  4. (d) No.

Montserrat

  1. (a) Yes, if the individual is a non-belonger and deemed to be a prohibited immigrant.
  2. (b) All belongers are excluded.
  3. (c) No.
  4. (d) Appeal to the courts applies when a person is declared a prohibited immigrant by the immigration authorities. There is no appeal when a declaration is made by the Governor in Council.

New Hebrides

  1. (a) Yes. (Power vested in British Resident Commissioner.)
  2. (b) The power may not be exercised with respect to any person who is permanently 858 resident in the New Hebrides or any British subject who was born in the New Hebrides or whose entry to the New Hebrides has been declared by the Resident Commissioner to be exempt from control, except upon the grounds:
    1. (i) that the continued presence of such persons would not be conducive to the public good; and
    2. (ii) that such person has been or, if permitted to remain in the New Hebrides, is likely to be engaged in activities involving organised crime or endangering or tending to endanger public order or security.
      • (Note: The indigenous inhabitants of the New Hebrides are not British subjects and there is no power to expel them from the territory.)
  3. (c) No.
  4. (d) No. (But there is an appeal to the High Commissioner—a senior official in the Foreign and Commonwealth Office.)

Pitcairn

  1. (a) Yes.
  2. (b) Completely.
  3. (c) No.
  4. (d) No.

St. Helena and Dependencies

  1. 1. St. Helena
    1. (a) Yes, if the person concerned is not an "islander" as defined in the Immigration Ordinance 1972.
    2. (b) Islanders are excluded from the power.
    3. (c) No.
    4. (d) No.
  2. 2. Ascension Island
    1. (a) There is no indigenous population on Ascension Island which is occupied solely by working organisations, their employees and dependents. No-one may lawfully be on Ascension Island without a permit from the Administrator unless he is such an employee or dependent or unless he is an active member of HM Forces or is an employee of HM Government and a person who ceases to qualify as above will be expelled since, apart from the employing organisation, there is no means to support life.
    2. (b) In these circumstances and in the absence of any indigenous population there are no belongers to Ascension Island.
    3. (c) No.
    4. (d) No.
  3. 3. Tristan da Cunha
    1. (a) Yes.
    2. (b) Any British subject who was born to parents ordinarily resident on the island at the time of the birth or who is the wife or child under sixteen of such a person is exempted from the power.
    3. (c) No.
    4. (d) No

Seychelles

  1. (a) Yes.
  2. (b) Completely.
  3. (c) Yes, notice must be served giving particulars of the grounds for deportation except where, following conviction, the court recommends deportation
  4. (d) No.

Solomon Islands

  1. (a) Yes.
  2. (b) Completely.
  3. (c) No, but a conviction proceeding removal under the Immigration Ordinance or antecedent judicial proceedings under the Deportation (Immigrant British Subjects) Ordinance would make clear the reasons.
  4. (d) No, but both Ordinances would involve the courts before removal or deportation.

Turks and Caicos Islands

  1. (a) The Governor has the power to expel a citizen of the UK and Colonies under Section 32 of the Immigration Ordinance 1971.
  2. (b) Belongers are excluded as are holders of permanent resident certificates.
  3. (d) No.
  4. (d) No.

Tuvalu

At present the position is the same as for the Gilbert Islands.