18 October 1989
一九八九年十月十八日
40
HONG KONG LEGISLATIVE COUNCIL
香港立法局
He said: Sir, I move the Second Reading of the Immigration (Amendment) (No. 3) Bill 1989.
Prior to 16 June 1988, Vietnamese boat people arriving in Hong Kong were automatically granted refugee status. Under section 13C of the Immigration Ordinance, provision existed for the Secretary for Security to make rules for such refugees. Since 16 June 1988, however, all Vietnamese boat people arriving in Hong Kong have been, and are, treated as illegal immigrants unless, after screening, they are accorded refugees status. No provision currently exists for the Secretary for Security to make rules specifically for these Vietnamese boat people.
Since 16 June 1988 over 42 000 Vietnamese have arrived in Hong Kong. A large number of detention centres have had to be established to cope with this influx. These centres are gazetted under the First Schedule of the Immigration (Places of Detention) Order which allows sections of the Prison Rules to apply to the treatment of the detainees. However these rules do not provide adequately for the control of conduct and the maintenance of order and discipline in the detention centres.
A set of rules specifically designed to cover the treatment of Vietnamese in detention centres has therefore been drawn up; but before such rules can come into existence, the necessary provision to allow the Secretary for Security to make the rules must be included in the Immigration Ordinance. The Bill achieves this by adding a new section, 13H, to the Ordinance empowering the Secretary for Security to designate places as detention centres for Vietnamese boat people, and to make rules for the treatment and control of detainees and for the management of such centres.
The proposed Detention Centre Rules are based on the existing Closed Centre Rules which have been effective for the control of conduct and maintenance of order and discipline amongst Vietnamese refugees in closed centres. Minor modifications clarify provisions taken from the Closed Centre Rules and reflect that the management of the detention centres is undertaken by the police and Civil Aid Services in addition to the Correctional Services Department.
The opportunity has also been taken today to rationalize the designation of detention centres by consolidating them in a single order specifically for detention centres.
Sir, I beg to move.
Question on Second Reading proposed.