CONFIDENTIAL
10
Implications for the control of illegal immigration and
related crimes
10.
Inevitably, diluting any of the powers in the
Ordinance will make it harder to obtain successful
prosecutions. That will make life a little easier for
illegal immigrants and for those who profit from
bringing them into Hong Kong and keeping them here.
Even with the presumptions in sections 171 and N, the
courts have been relatively lenient with persons
accused of employing illegal immigrants. At a time
when major construction projects (such as the new
airport) are in the offing, weakening these provisions
could encourage snakeheads and illegal workers alike.
11.
But because these sections are not protected
by the exceptions and savings provisions, they are, by
their nature, prime targets for appeals under the BOR.
It is likely that such appeals would succeed, possibly
with significant consequences for Government.
If
Therefore, we see no alternative but to propose changes
which are framed so as to concede only the minimum
necessary to align the provisions with the BOR.
implemented, these changes will make it harder to
tackle illegal immigration and crimes related to it.
But effective control will still be possible. More
far-reaching changes would make such control virtually
impossible.
CONFIDENTIAL