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suspected crime or is in a position to give evidence
in a criminal trial, but because of the present legal
position, the immigrant cannot give his information or
evidence at the time required. In these circumstances,
clause 3 of the Bill amends section 32 of the
Immigration Ordinance so as to provide for the detention
of persons who are to be removed from Hong Kong for the purpose of either giving evidence at a criminal trial
or helping inquiries into any offence or suspected
offence. Detention for a period of not more than 28
days will be at the Chief Secretary's discretion. period may be extended by a court on the application of
the Attorney General and is intended to cover such cases
as justice so requires.
4.
This
Section 47 of the principal Ordinance provides
for the forfeiture of ships not exceeding 250 gross tons
if the captain of the ship is guilty of an offence under
section 38(4) or section 39. These offences relate to
the carrying or landing of illegal immigrants. Recent
events have shown that ocean going ships may be involved
in such activities. Clause 4 of the Bill amends section
47 by removing the restriction of 250 gross tons, thus
making all ships liable to forfeiture. Clause 5 of the
Bill makes a consequential amendment to section 48.
5.
Section 57A of the principal Ordinance confers
certain powers of arrest on any member of Her Majesty's
forces when acting in the course of his duty and for the
purposes of the Ordinance. Section 57B makes it an
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