The fact that the power of detention may be authorized only by high-ranking officers is designed to prevent abuse of such power. The right of redress by way of habeas corpus proceedings by the detainees also provides protection against possible abuse of power by the authorities. The power of detention is given to the immigration authorities only in order to enable the machinery of inquiries to be carried out, and this power is limited to the minimum period which is reasonably necessary for that purpose.
40. Immigration statistics show that in 1988 a total of 8,981 persons were detained, 4,919 prosecuted and 4,062 not prosecuted. These figures should be viewed in the context of a total of 20,988 illegal immigrants arrested in 1988, and some 60,000,000 passengers (in and out) cleared by the Immigration Department during the same period.
41. Under section 17A of the Customs and Excise Service Ordinance, cap. 342, a member of the Service may, without warrant, stop and search and arrest any person whom he may reasonably suspect of having committed an offence against an Ordinance specified in the Second Schedule. Like other law enforcement agencies in Hong Kong, customs officers are legally prohibited from detaining a person for inquiry for more than 48 hours from the time he is arrested without his being charged and brought before a magistrate. This prohibition is stipulated in section 17C (2) of the same Ordinance. As the law now stands, the right of redress against possible abuse by customs officers can be exercised by way of habeas corpus by the detainees.
42.
During 1988, a total of 5,712 persons were arrested by customs officials for suspected offences under the various ordinances specified in the Second Schedule of cap. 342. Of these, 1,178, i.e. 20.6 per cent, were released without charge. The great majority of released persons had been detained for no more than a few hours, as was necessary in the normal course of questioning. In the whole of 1988, no complaint regarding unwarranted arrest was received by the Department.
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43. The situation of Vietnamese refugees in Hong Kong was given detailed treatment in the second report, paragraphs 26-29 (CCPR/C.32/Add.14, annex F), supplemented by the update to the second report, paragraphs 4-5 (CCPR/C/32/Add.15, annex F). Since the fall of Saigon in 1975, some 170,000 Vietnamese boat people have arrived in Hong Kong, of whom 115,000 have so far been resettled in other countries. The current boat people population in Hong Kong is now over 55,000, of whom about 13,300 are refugees. The remainder either await screening or have been screened out as non-refugees.
44.
Screening to determine refugee status is based on internationally accepted criteria, and is carried out with the close involvement of UNHCR. An independent refugee status review board examines all appeals against the initial status determination and its decision is final. Those who qualify as refugees remain in Hong Kong to await resettlement. Since the introduction of a screening policy on 16 June 1988, refugee centres have undergone a gradual liberalization programme, allowing the refugees to leave the centres to take advantage of education, employment and recreational opportunities which will enhance their resettlement prospects. Those who are determined not to be refugees are provided with food and shelter while suitable arrangements are made for their return to Viet Nam. Other places of first asylum have adopted