- 3
16. The power to detain in connexion with immigration examina- tions and removal or deportation from Hong Kong is not changed in substance, though the Ordinance makes some procedural changes and clarifies the law (sections 27, 29, 32 and 33).
17. Additional powers to detain are introduced by sections 28 and 32(2). Objections to the Governor in Council against decisions of the Director of Immigration are an important feature of the immigration law. It is, however, also important that the lodging of an objection should not provide an opportunity for the objector to evade the Director's decision if it is confirmed. Accordingly, section 28 empowers the Director to detain an objector pending the decision on an objection.
18.
The other new power will enable the Colonial Secretary to detain a person while the question of his removal by order of the Governor is being considered. The absence of such a power in the past caused difficulty in some cases and the difficulties might increase now that a conviction is not a pre-requisite to the removal of an illegal immigrant or a person who is in breach of conditions of stay.
Furthermore, a power to detain pending consideration of the question of removal under the Governor's new power (section 19(1)(c)) is essential.
19.
Provision is also made for the detention for the purpose of police inquiries, in special cases affecting the security of Hong Kong, of persons who have returned to Hong Kong in breach of a deportation order (section 31).
20.
Suspension of Deportation Orders. Previously a deportation order had either to continue in force or be rescinded altogether. This was unsatisfactory, particularly in the case of persons whose deportation was for the time being impracticable, and section 54 empowers the Governor to suspend a deportation order as an alter- native to rescission. The power to suspend is not limited to cases where deportation is impracticable since this course may be appro- priate in other circumstances.
21.
Power to rescind the suspension of a deportation order is vested in the Governor in Council since revocation is tantamount to deportation. These new provisions require additional powers of arrest and detention (sections 34 and 54(3)).
22. Offences. By section 23 of the repealed Immigration (Control and Offences) Ordinance, the Director of Immigration was empowered to impose, as a civil penalty, a fixed sum of one thousand dollars on the owner of any aircraft in which a person who did not have a valid travel document was brought to Hong Kong. The fixed penalty worked unfairly and section 40 of this Ordinance now makes it an offence to bring to Hong Kong a passenger who does not hve have a travel document, so that a court will have discretion as to the penalty to be imposed.
23.
Section 42 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 legis- lation. Section 42(2), in addition to re-enacting the law relating to forgery of travel documents and possession of forged or false travel documents, makes it an offence to alter a travel document and to use or possess an unlawfully altered travel document. It will