G.F. 316

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34 -

Explanatory Memorandum

The principal object of this Bill is to make improved

provision for the detection and removal of illegal immigrants

in Hong Kong and to amend the existing procedures for their

removal, subject to a right of appeal to an adjudicator. It also

amends section 42 of the principal Ordinance ("False statements,

forgery of documents and use and possession of forged documents")

by increasing the maximum fines that may be imposed and by

bringing additional documents within the ambit of the section.

Clause 3 introduces two new Parts into the principal

2。

Ordinance, namely Parts IVA and IVB.

New Part IVA (Requirement to carry proof of identity)

3.

requires

(a)

(b)

New Part IVA (containing new sections 17A to 17E)

all persons over 15 who are required to be registered

under the Registration of Persons Ordinance; and

all refugees from Vietnam who are over 15,

to carry with them proof of their identity at all times. Any

of the documents specified in new section 17B will be proof of

identity for this purpose. Failure to produce proof of identity

on demand to a person authorized by new section 17C(2) to

require it will be an offence punishable with a fine of $1,000.

Further, a person who is found not to have proof of identity

with him may, under new sections 17D and 17E, be arrested and

examined to determine whether he is an illegal immigrant.

4.

A person authorized to require production of proof

of identity will have to be in uniform or will have to produce

proof of his appointment if so required.

New Part IVB (Prohibition of employment of illegal immigrants)

The principal object of new Part IVB (new sections

5.

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