6
The new Part IVA of the Immigration Ordinance would in general require all persons, including Vietnamese refugees but not visitors, aged 15 or over to carry at all times identity cards or specified alternatives, e. g. a passport (or other valid travel documents), a Vietnamese Refugee Card or a driving licence. Because a greater degree of control is required in certain border areas, namely the Frontier Closed Area and the Mai Po Bird Sanctuary, the existing more stringent requirements under the Registration of Persons Regulations recently imposed in respect of the New Territories generally would be retained in these two areas only i. e. in them, no alternative to the identity card would be allowed and the requirement would apply to all persons aged 11 or over. This would be effected by the two Orders at Annexes G and H. The Resolution at Annex F would permit persons to plead guilty by letter for failure to carry proof of identity.
7
The proposed new Part IV B would make it an offence for employers to employ persons who fail to produce an identity card or certain others forms of proof of identity.
8
Clause 6 of the Bill at Annex A would transfer the existing powers to make Removal Orders in respect of illegal immigrants and overstayers from the Governor to the Director of Immigration or his Deputy. An appeal system would be introduced whereby persons would be allowed 24 hours in which to appeal to an Adjudicator on certain specified legal grounds. Clause 9 of the Bill at Annex A and regulation 4 of the Immigration (Amendment) (No 3) Regulations 1980 at Annex B would provide for the appeal system and its procedure. Appeals other than on the legal grounds specified, e.g. humanitarian, would be considered by the Secretary for Security or his Deputy.
Developments since 8th July 1980
9
On 8th July, the Council advised and the Governor ordered that implementation of Operation CHAMPION in late August or early September should be approved in principle, subject to final decision by the Council in August. Implementation was however deferred in view of the proposed visit of the Secretary of State to China in early October, In the event, this visit did not take place.
SECRET