ØØØGUVERNMENT HUUSE
HUNG KUNG
22-MAR-1991 16:59
AGC
91 3-22 11:14
852 523 5104
PHGE 14
P.01
CONFIDENTIAL URGENT
From Attorney General's Chambers
Ref.
(34)
ASPELLOVE LUkseli kunyit
AGC LDT 224/00/160
MEMO
To
Secretary for Security Taten! Mr Clinton Leeks)
Tel. No.
Date..
G.F. JC
.
867 4478
LL March 1991
Your Ref......
doted
་་་་་,་་་་་“'
Immigration (Amendment) Bill : Comments of FCO legal advisers
In the absence of Mr Wingfield, may I be allowed
to respond to the comments of the legal advisers to FCO, faxed under cover of Telno 539?
Legal advisers' draft summary of proposals
My comments on the draft summary are as follows
para l(i) : this is accurate;
para l(ii): the purpose of the new provision (s.13D(1A))
is not as is here stated; the provision makes it clear that once a decision has been made to detain a person, than that person shall be detained for the stated period; no attempt is made to prevent the person from challenging his detention on the basis of the period of the detention (indeed new subsection (1B) makes it clear that such a challenge is possible);
pala (111): this provision (s.13D(1B)) is not otiose; it
recognizes that a person may challenge a detention on the basis that the period of his detention is unreasonable, but directs the court, when deciding whether the period is unreasonable, to have regard to all the circumstances;
quia 2
para 3
whether there is an existing power of transfer is currently the subject of court proceedings, in which it is being argued on behalf of the Government that the power does exist,
: it is arguable that the amendment does not
extend the law at all; section 13F(8) refers to "a decision of a Board"; the amendment clarifies the meaning of this expression.
/n.?
CONFIDENTIAL #
機密
22