C
(e)
the provision for appeals against Removal Orders made by the Director of Immigration. Under Clause a person subject to a Removal Order would have the right of appeal, to be made within 24 hours, to an adjudicator appointed by the Governor. The adjudicator would decide whether or not the facts of the case provided legal grounds for removal. Under the proposed new Third Schedule to the Immigration Regulations (see Annex C) the adjudica- tor would hear appeals in private. The Regulations would include other provisions for the appeals procedure. parallel with the legislative procedure for appeals on statutory grounds, appeals made on other grounds by way of petition e. g. humanitarian, would be decided by the Secretary for Security or his Deputy.
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In
illegal immigrants from China would be declared "Unauthor- ised entrants" by Order see Annex D under Section 37B of the Immigration Ordinance, which was introduced in 1979 to facilitate prosecution of those involved in trafficking in illegal immigrants. This would render persons involved in organising illegal immigration by ship from China into Hong Kong liable on conviction to a fine of up to $5 million and life imprisonment. Vessels and property involved would be liable to forfeiture.
(f)
the penalties for misuse of identity cards would be increased and extended under the Registration of Persons (Amend- ment) (No. 2) Regulations (Annex E) to all documents issued under the Registration of Persons Ordinance.
This amendment is proposed in view of the added importance that proof of identity would assume under the new
measures.
(g)
no time limit would be put on the legislation. The situation would be kept under review and, if the need for some or all of the new measures disappeared, the Governor in Council could terminate (and if necessary subsequently reactivate) any part of the legislation.
SECRET