0003230
G.F. 323
CONFIDENTIAL
68
Under section 23 of the Imigration (Control and Offences) Ordinance, the Director of Immigration is empowered
to inpose a civil penalty in a fixed sun of one thousand-
dollars on the owner of any aircraft in which a person whó
does not have a valid travel document is brought to Hong Kong.
The fixed penalty is not altogether desirable and it is now
thought more appropriate to make it an offence to bring to
Hong Kong a passenger who does not have a valid travel
document, 30 that a court will have discretion as to the
penalty to be imposed (clause 35).
Clause 37 (1)(a) and (b) introduces now offences in
relation to false statements made to immigration officers and
others acting under the legislation or in documents furnished
for the purposes of the legislation. Clause 37(2), in addition
to re-enacting the existing law relating to the forgery of
travel documents and possession of forged or false travel
documents, will make it an offence to alter a travel document
and to use
or possess an unlawfully altered travel document.
It will also make it an offence to possess a travel document
if a false statement was made in connection with an application
for its issue. All the offences to be created by clause 37
will be triable on indictment as well as surrarily.
10.
Forfeiture of vehicles and ships.
The provisions for the forfeiture of vehicles and
ships have been revised considerably and follow substantially
the corresponding modern provisions of the Import and Export
Ordinance 1970.
11.
Suspension of deportation
on orders.
As the law stands, a deportation order in force in
respect of a person whose deportation is impracticable must
either remain in force or be rescinded altogether. This is
unsatisfactory and clause 50 seeks to empower the Governor to
suspend a deportation order as an alternative to rescission.
CONFIDENTIAL