Enclosure No 4
C579
IMMIGRATION (AMENDMENT) (NO. 4) BILL
A BILL
To
Amend the Immigration Ordinance.
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Immigration (Amendment) Short title. (No. 4) Ordinance 1981.
2. Section 2(2) of the principal Ordinance is amended by inserting Amendment of after "Immigrants Control Ordinance" the following-
section 2.
", and for the avoidance of doubt it is hereby declared that no person shall be held not to have landed unlawfully-
(Cap. 115.)
3.
(a) by reason only of any presumption, conclusive or rebuttable, that he cannot be guilty of an offence or is incapable of committing a crime; or
(b) on the ground only that he is not guilty of an offence under subsection (1) of section 38 in respect of paragraph (a) of that subsection".
Section 4 of the principal Ordinance is amended—
(a) in subsection (1)(a) by deleting "arrival in or prior to his depar-
ture from Hong Kong" and substituting the following-
"arrival or landing in or prior to his departure from Hong Kong, or if he has reasonable cause for believing that such person landed in Hong Kong unlawfully, at any time"; and (b) in subsection (1)(b) by deleting "committing or has committed an offence under section 38(1)(b) or section 41" and substituting the following-
"contravening or has contravened a condition of stay in respect of him".
Amendment of section 4.
4. Section 17D(3) of the principal Ordinance is amended by deleting Amendment of "be guilty of an offence under section 38(1) or 41" and substituting the section 17D. following-
"have landed in Hong Kong unlawfully, or have intended or attempted so to do, or is contravening or has contravened a condition of stay in respect of him".
5.
Section 17E of the principal Ordinance is amended by deleting Amendment of "is committing or has committed an offence under section 38(1) or section 17E. section 41" and substituting the following-
"has landed in Hong Kong unlawfully or intended or attempted so to do or is contravening or has contravened a condition of stay in respect of him”.
6. Section 18 of the principal Ordinance is amended-
(a) in subsection (1)(a) by deleting "is" and substituting the follow-
ing--
pursuant to any examination whatsoever under section 4(1)(a), is under section 11(1)"; and
Amendment of section 18.