HONG KONG
LEGAL REPORT
Enclosure No. 2
THE IMMIGRATION (AMENDMENT)(NO. 2) ORDINANCE 1980
(No. 62 of 1980)
The principal object of this Ordinance is to facilitate the implementation of the change in policy towards illegal immigrants from China publicly announced on 23 October 1980. The former policy was to allow such immigrants who reached the urban areas of the Colony to remain and register for identity cards under the Registration of Persons Ordinance. The scale of illegal immigration from China reached such proportions, however, that the "reach base" policy (as it had become known) became unacceptable and it was decided to repatriate all illegal immigrants who entered Hong Kong after 23 October 1980.
2
Accordingly, provision for the detection and apprehension of illegal immigrants is made in new Part IVA of the principal Ordinance ("Requirement to carry proof of identity") and to a lesser extent in new Part IVB ("Prohibition of employment of illegal immigrants"); and provision for the denial of employment to illegal immigrants is made by new Part IVB. Machinery for repatriating potentially large numbers of illegal immigrants is provided for by amendments to the principal Ordinance which give the Director and Deputy Director of Immigration power to authorize the detention, and to order the removal, of illegal immigrants; these amendments also establish an Immigration Tribunal to which immigrants can appeal against removal orders made against them.
3.
Before the Governor assented to the Bill in the name and on behalf of Her Majesty, the Attorney General advised that he could properly do so.
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November, 1980.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG.
Law Draftsman.