GF 323

ибу

GUVERNIENT HUUSE

HUNG KUNG

91

0-22 11:10

CONFIDENTIAL

機密

PHGE 08

more

effectively

controlled.

"avoidance

It

Of

where they can De

tnerezore seems prudent to include an

aoubt" clause to clarity the situation and preclude

further litigation on this aspect.

THE BILL

15 proposea that section 130{1} be repealed

and replace by four new subsections that

(a)

maxe 1τ

Vietnam

arriving

Clear that former residents of

valid

without

documentation

not

may be detained whether or

they nave requested permission to

remain in Hong Kong;

(b)

provide that detention

shall

not be

unlawful by reason of

(c)

detention if that period

the period of

is reasonable

having regard to all the circumstances;

make it clear that a person's detention

18 not unlawful simply because status

determination nas not taken place in

strict chronological order of arrival

(although as far as practicable

remains the Government's objective).

this

CONFIDENTIAL

機密

16

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