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the transfer provisions from open to closed camps are contained in proposed sections 13A(6) and 13A(6A). Given that it is essential in view of recent events at Kai Tak Centre to be able to detain "troublemakers", the best solution is thought to be that contained in section 13A(6A), providing a means of transferring them from "open" to "closed" camps. "Troublemakers" include a small number of persons who will not have been proved to have committed either a criminal offence or a breach of their conditions of stay. Unless an official (here the Director. of Immigration) can act in good faith on reliable intelligence and information received about a person being a troublemaker, there is no way of isolating such persons. Normal court procedure and rules of evidence would fail to meet the problem. This is the reason for proof by certifi - cation in these cases. There is, however, likely to be only a small number of such cases, and an appeal by way of review by the Secretary for Security is provided for in which the Secretary for Security may examine the Director's use of his discretionary power. An alternative would be an administrative appeal to a suitable Tribunal claired by, say, a senior retired Civil Servant or an Unofficial, who would consider the paper and also any representations made by, the alleged trouble-makers, but without a legal hearing. A number of other alternatives to this process have been considered, including an arbitrary power to shift persons from "open" to "closed" camps, but it is felt that they are more open to objection than what is proposed. An arbitrary power would lead to insecurity on the part of non-troublemakers, would carry greater administrative difficulties coupled with increased possibilities of abuse, and would be less defensible to those concerned with civil liberties;
care has been taken to provide for Refugee Centre Rules' which do not depend on Prison Rules in any way. On the other hand the powers given to the Correctional Services Department under these rules are very extensive. If scrutiny of a critical- kind emerges at a later stage in the U.K. or overseas it is felt that this legal structure will arouse least adverse comment... These rules are
currently being drawn up and will be made by orders
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by the Secretary for Security in accordance with a p section 13(C) of the Immigration Ordinance;
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