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Friday, July 9, 1971
Similar difficulties are the reasons for proposing to give the
Colonial Secretary a new power to detain a person pending the making of
an application for his removal by order of the Governor and while such an
application is being considered.
Provision is also made under the Bill for the detention, in special
cases affecting the security of Hong Kong, of persons who have returned to
Hong Kong in breach of a deportation order and, who are to be redeported
from Hong Kong.
Under the existing Immigration (Control and Offences) Ordinance,
the owner of any aircraft bringing in passengers without a valid travel
document is fined a fixed sum of one thousand dollars by the Director of
Immigration. The Bill proposes to make it an offence to bring in passengers
without a valid travel document so that a court will have discretion to
determine the penalty.
Provisions For Forfeiture
In addition to retaining the existing law relating to forgery of
travel documents and possession of forged or false travel documents, the Bill
also seeks to make an offence the use or possession of an unlawfully altered
travel document.
The Bill proposes to revise considerably existing provisions for the
forfeiture of vehicles and ships used in the commission of offences under the
Bill.
These revisions follow substantially the corresponding modern provisions
of the Import and Export Ordinance 1970. In particular, a court will be given
a discretion with respect to forfeiture.
/The