C382
IMMIGRATION (AMENDMENT) BILL
Explanatory Memorandum
The principal object of this Bill is to authorize the detention of Vietnamese refugees in refugee centres pending resettlement elsewhere or departure from Hong Kong.
Clause 2 amends section 2 of the principal Ordinance to make it clear that a person shall not be treated as "ordinarily resident" in Hong Kong for the purposes of the principal Ordinance, during any period he remains in Hong Kong as a refugee under section 13A.
Clause 3 amends section 13A of the principal Ordinance-
(a) to authorize the detention of Vietnamese refugees who arrive
in Hong Kong after 2 July 1982 in
in refugee centres; (refugees detained under this section are to be permitted all reasonable facilities to enable them to obtain entry to another state or territory or to leave Hong Kong);
(b) to clarify the status of Vietnamese refugees remaining in Hong
Kong without the permission of an immigration officer; and (c) to authorize the detention in a refugee centre of Vietnamese
refugees-
(i) who contravene any condition of their stay in Hong Kong; (ii) who have been found guilty of an offence punishable with a term of imprisonment; or
(iii) when such detention is necessary in the interests of order or good management in any refugee centre.
There is a right of appeal to the Secretary for Security against any such detention (clause 4).
Clause 5 amends section 13C of the principal Ordinance to authorize the designation of refugee centres for the detention of refugees, the making of rules in respect of Vietnamese refugees detained in such refugee centres and to increase the penalties that may be imposed for contraven- tion of any such rules. Detained refugees are to be under the control of the Commissioner of Correctional Services.
Clause 6 adds new sections 13D and 13E to the principal Ordinance. Section 13D provides statutory authority for the detention of persons arriving in Hong Kong from Vietnam pending a decision to allow them to remain in Hong Kong as refugees or after a refusal to allow them to remain in Hong Kong, pending their removal from Hong Kong. Section 13E gives specific authority to the Director of Immigration to order a Vietnamese refugee or person detained under section 13D to be removed from Hong Kong.
Clause 7 consequentially amends sections 24 and 32 which relate to the removal of persons from Hong Kong.
Clause 8 consequentially amends section 35 of the principal Ordin- ance because of the authority given to the Commissioner of Correctional Services to control detained refugees.
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The enactment of this Bill will result in
result in additional capital expenditure of approximately $50 million. Additional annual expendi- ture will be approximately $22.4 million for the first year, plus a further $26.6 million in the second year. Additional staff required will be 284 for the first year plus a further 250 in the second year.