a person who has been refused permission to land in Hong Kong, until he is removed under section 18 of the Ordinance; and
a person against whom a removal or deportation order is in force.
3
The Attorney General has advised that a person may be detained under these provisions only for such minimum time as is necessary to effect his removal. As a result, it is not possible for an illegal immigrant to be detained to give evidence in criminal proceedings against persons who aided and abetted him in entering Hong Kong. Neither can the illegal immigrant be detained to assist the Police and other law enforcement agencies in enquiries concerning illegal entry or other offences of which he or she may have knowledge.
4
For these reasons, and because illegal immigrants are normally essential witnesses in such prosecutions, no prosecutions for aiding and abetting illegal entry from China have been possible in recent months. Previously the practice had been to prosecute persons for aiding and abetting illegal immigrants, because it was believed that the illegal immigrants could be detained until the court proceedings were concluded. The Attorney General has advised that this belief was mistaken.
5
The proposed amendment to section 32 of the Ordinance provides legal sanction for detention for an initial period of up to 28 days, authorised by the Chief Secretary. This period may be extended by a court, on the application of the Attorney General, for further periods not exceeding 21 days at a time. Removees detained to give evidence or assist in enquiries could, as now, be released on recogni- sance in appropriate cases. It would be for consideration in each case whether, having given evidence an individual should be repatriated to China.
Forfeiture of Ships
6
Section 47(1) of the Immigration Ordinance provides for the forfeiture of any ship not exceeding 250 gross tons if the captain of the ship is guilty of an offence under sections 38(4) or 39, involving the carriage of persons seeking to land unlawfully in Hong Kong. In view of the use of vessels over 250 tons to transport Vietnamese refugees to Hong Kong, it is proposed to remove this tonnage restriction so that this provision will apply to all vessels. (Members will recall that earlier this year the Merchant Shipping Ordinance (Chapter 281) was amended to include a new section 34A which provides for the forfeiture of ships of any size where the master or owner is guilty of carrying excess passengers (XCC(79)7 dated 9th January 1979)).
CONFIDENTIAL
機密