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is for the time being impracticable, and clause 50 empowers the
Governor to suspend a deportation order as an alternative to
rescission. The power to suspend is not limited to cases where
deportation is impracticable since this course may be appropriate
in other circumstances.
Power to rescind the suspension of a deportation order
is vested in the Governor in Council since revocation is tantamount
These new provisions require additional powers of
to deportation.
arrest and detention (clauses 29 and 50(3)).
Offences.
Some improvements in detail are made. The major changes
are as follows.
The serious offences under clauses 33(4) and 34, which are
a continuation of existing summary offences, will also be triable
on indictment.
Under section 23 of the Immigration (Control and Offences)
Ordinance, the Director of Immigration is empowered to impose a
civil penalty in a fixed sum of one thousand dollars on the owner
of any aircraft in which a person who does not have a valid travel
document is brought to Hong Kong. The fixed penalty is not
altogether desirable and clause 36 now makes it an offence to bring
to Hong Kong a passenger who does not have a travel document, SC
that a court will have discretion as to the penalty to be imposed.
Clause 38 introduces new 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 38(2), in addition to re-enacting the existing
law relating to 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 be an offence to possess a travel document
CONFIDENTIAL