C478
Repeal and replacement of section 19.
Offences.
Presumption.
4.
IMMIGRATION (AMENDMENT) (NO. 2) BILL
17M. (1) Any person who—
(a) contravenes section 17K(1), (2) or (3); or
(b) fails to produce for inspection a record of em-
ployees when lawfully required to do so, commits an offence and is liable to a fine of $10,000.
(2) Any person who fails or refuses to produce for inspection a document the production of which is required under section 17L(1)(b) commits an offence and is liable to a fine of $1,000.
(3) Any person who obstructs any public officer in the execution of his duty under this Part commits an offence and is liable to a fine of $10,000 and to imprisonment for 6 months:
Provided that it shall be a defence in proceedings for an offence under this subsection for the person charged to prove that he did not act unreasonably having regard to all the circumstances of the offence charged.
17N. Any person who is found at a place where em- ployees are in the employment of an employer shall, unless it is proved that he is lawfully employable, be presumed until the contrary is proved―
Section the following→→
"Power to order removal.
(a) to have entered into a contract of employment to
be employed by that employer; and
(b) to be an employee of that employer.".
19 of the principal Ordinance is repealed and replaced by
19. (1) A removal order may be made against a person requiring him to leave Hong Kong-
(a) subject to subsection (3), by the Governor if it appears to him that that person is an undesirable immigrant who has been ordinarily resident in Hong Kong for less than 3 years; or
(b) subject to subsection (2), by the Director if it
appears to him that that person-
(i) might have been removed from Hong Kong under section 18(1) if the time limited by section 18(2) had not passed; or
(ii) has committed or is committing an offence under section 38(1) or section 41, whether or not that person has been convicted of such offence and whether or not the time within which any prosecu- tion may be brought has expired.
(2) A removal order shall not be made under sub- section (1)(b)(ii) against a person who has the right to land in Hong Kong by virtue of section 8(1).
(3) A removal order shall not be made under subsec- tion (1)(a) against an immigrant who is a United Kingdom belonger except after consideration by the Governor of the report of a Deportation Tribunal under section 23, unless the Governor certifies that the departure of the immigrant from Hong Kong is necessary in the interest of the security
5.
IMMIGRATION (AMENDMENT) (NO. 2) BILL
of Hong Kong or for political reasons affecting the relations of Her Majesty's Government in the United Kingdom with another country.
(4) A removal order made against a person shall invalidate any permission or authority to land or remain in Hong Kong given to that person before the order is made or while it is in force.
(5) Where the Director makes a removal order he shall cause written notice to be served as soon as is practicable on the person against whom it is made informing him- (a) of the ground on which the order is made; and (b) that if he wishes to appeal he must do so by giving to an immigration officer or immigration assistant written notice of his grounds of appeal and the facts upon which he relies within 24 hours of receiving the notice of the order.
(6) In this section "Director" means the Director of Immigration or the Deputy Director of Immigration.”.
C479
Section 22(1)(a) of the principal Ordinance is amended by deleting Amendment of “19(1)(c)” and substituting the following-
6.
“19(1)(a)".
Section 32 of the principal Ordinance is amended-
(a) by inserting after subsection (1) the following-
"(1A) Where consideration is being given to applying for or making a removal order in respect of a person, that person may be detained as provided for in subsection (2) or (2A), whichever is appropriate in the particular case.";
(b) by deleting subsection (2) and substituting the following—
"(2) A person may be detained under the authority of the Secretary for Security--
(a) for not more than 14 days pending the making of an application to the Governor for a removal order under section 19(1)(a) in respect of that person; and (b) for not more than a further 14 days pending the decision of the Governor as to whether or not a removal order should be made under section 19(1)(a) in respect of that person.
•
(2A) A person may be detained pending the decision of the Director of Immigration or Deputy Director of Immigration as to whether or not a removal order should be made under section 19(1)(b) in respect of that person--
(a) for not more than 7 days under the authority of the Director of Immigration or Deputy Director of Immigration;
(b) for not more than a further 21 days under the
authority of the Secretary for Security; and
(c) where inquiries for the purpose of such decision
have not been completed, for a further period of 21 days under the authority of the Secretary for Security, in addition to the periods provided under paragraphs (a) and (b).”;
section 22.
Amendment of section 32.