HONG KONG LEGISLATIVE COUNCIL
香港立法局
18 October 1989
一九八九年十月十八日
42
the deterrent effect on the detainees may be minimal, it does help to deter visitors and other persons from breaching these rules. Besides, we accept that there should be similar rules for these detention centres as to closed centres. As to the content of the Bill we questioned the meaning of the two types of separate confinement under section 13H(6)(a), that is, confinement as punishment for breach of rules; and the other type of confinement under (b) section for separate confinement "whether as a punishment or not". We were worried that maybe the authorities' power is too wide. We were then assured that circumstances of separate confinement under the (b) section would be restricted to specified circumstances prescribed by the rules, for example, where a complaint has been lodged against a particular detainee. And therefore the power to be exercised under the (b) section would be carefully circumscribed. I understand that the Administration will propose an amendment to clarify the points we raised. In the final analysis, we accepted that enactment of this Bill is a matter of urgency and the new section 13H which will empower the Secretary for Security to designate detention centres for the detention of Vietnamese boat people and to make rules for the control of conduct and the maintenance of order in these centres as a necessity.
We also agreed to the introduction of section 13H(5) and (6) of the Bill which provide for similar powers to the existing section 13(C), with additional provisions on separate confinement, as I have described, search of detainees and visitors, control of conduct of visitors and the control of minors detained.
We understand that relevant rules will be introduced at a later stage to this Council. If necessary we shall comment on them where appropriate.
Sir, Hong Kong has long borne the burden of receiving Vietnamese refugees and Vietnamese illegal immigrants on our shores. And it is the wish of the Hong Kong community that from these shores they must depart. While the detainees are staying here on the expenses and the hospitality of the Hong Kong community, it is not much to ask for their respect for peace and good order in the camps
in return. And it must be left in no doubt that visitors and workers in these camps are under obligation to observe the law with no exception.
Sir, I support the Bill.
SECRETARY FOR SECURITY: Sir, I have noted Miss TAM's useful and relevant remarks with which I fully agree. I am grateful to Miss TAM for her support and to the member of the ad hoc group for the consideration they have given this Bill.