HONG KONG
LEGAL REPORT
THE IMMIGRATION (AMENDMENT) (NO. 2)
ORDINANCE 1979
(No. 42 of 1979)
Enclosure No. 2
The amendments contained in this Ordinance arise from the Government's urgent need for more effective powers to contain the influx of illegal immigrants and refugees from China and Vietnam. The principal amendments deal with unrelated aspects of the problem.
2. Section 2 of the Ordinance amends the definition of "immigration assistant" in the Immigration Ordinance so as to include the newly created post of "senior immigration assistant".
3. Section 32 of the Immigration Ordinance is amended by section 3 of the measure under report to enable illegal immigrants who are to be removed or deported to be detained for the periods provided so that they can assist in investiga- tions into and give evidence in prosecutions of offences related to their unlawful entry. Prior to this amendment section 32 enabled such illegal immigrants to be detained in practice for only 24 hours or so.
4. Section 4, in amending section 47 of the Immigration Ordinance, removes the restriction on the size of vessels which may be forfeited if involved in the commission of offences relating to the carrying or landing of illegal immigrants. Recent events have shown that large ocean-going vessels have been, and are likely to continue to be, involved in this lucrative trade.
5. Section 6, in inserting a new section 57C, extends the powers of arrest conferred upon officers and members of Her Majesty's forces to officers and members of the Hong Kong Volunteer Forces. The latter Forces are now assisting Her Majesty's forces and the police in patrolling the border areas to prevent the entry of illegal immigrants.