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12

32

The proposal to appoint the same personnel currently employed on the Immigration Tribunal to the Registration of Persons Tribunal is administratively desirable because

(a) by

by relying on a panel of adjudicators who have valuable experience in the finding of facts in determining appeals, it will ensure that an adjudication scheme could be operation on 1 July 1987;

(b)

The proposal

in

it will maintain flexibility until there is a

clear idea of the

adjudication workload.

has been discussed with the Chief Adjudicator of the Immigration Tribunal and has his full support. It is further proposed that while current adjudicators shall be given the option whether or not to serve on the Registration of Persons Tribunal, new adjudicators will in future be appointed to both tribunals.

33

Under section 53(1) of the Immigration Ordinance any person who is aggrieved by a decision of a public officer may lodge an objection with the Chief Secretary. Section 53A provides that a

a person against whom a removal order has been made may appeal to the Immigration Tribunal on the ground that he has the right to land (or the right of abode in the amended legislation) in Hong Kong. For legal and practical reasons, it is necessary to avoid a situation whereby a person who claims to have the right of abode in Hong Kong could have multiple avenues of appeal on the same ground. Clauses 21 and 22 of the Immigration (Amendment) (No. 2) Bill 1987 and clause 5 of the Registration of Persons (Amendment) Bill 1987 (under the proposed new section 3D(5)) are intended to meet this objective.

Consultation with the Government of the People's Republic of China

34

two

will

that

As the legislative proposals are necessary to implement the agreements between the Governments that BN(0) passports and C of Is contain a right of abode endorsement and permanent identity cards stating the holders' right of abode in Hong Kong to be issued from 1 July 1987 will continue to be used after 1997, they discussed with the Chinese Government in Sino-British Joint Liaison Group. Both sides agreed that these legislative proposals arrangements of

of a transitional nature to meet immediate objective of including

right

of

were

the

have

are

the

abode

G.F. 324

་་་འ་ ་་འབངས་་་བདཔརབ་པར པར ❖

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པར བར ༥, 'ཏྭཾ བར *ད པར i ར བམས་པ་ ཆབ། 5,་་"་ * ·ནཧན ། བར ར ར བཏ སཏྟཱ སད བྷཱར ར བ、 ཏཾ, དད

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