CODE 18-77
Reference..
requirements of the BOR. (I have not examined the whole of the Immigration Ordinance; it is of course possible that other unacceptable provisions not mentioned in the Exco memorandum have been overlooked).
13. The changes which have been proposed all look like sensible ones, and I agree with HK that if they are not made, successful BOR challenges are likely. Though the changes are ones of substance, they are relatively minor. I would doubt that they would cause major operational difficulties. They fall into the following categories:
(i)
(ii)
Repeal of powers to detain Vietnamese refugees These powers are apparently no longer used anyway.
Amendments which make evidential presumptions more easily rebuttable in relation to certain offences: These could be presented as technical
adjustments to the rules of evidence at trial.
(iii) Repeal or modification of powers of detention of illegal
immigrants
These do not affect the powers to deport illegal immigrants; they merely reduce the grounds on which such persons may be detained pending deportation. (I imagine
that the change which might concern the Chinese most is that referred to in para 8(c); modification of powers to detain for inquiries into activities prejudicial to the security of Hong Kong).
14 If, for tactical reasons, it is decided not to consult or inform the Chinese of these amendments, I would think that it would be reasonable to defend such a decision on the basis that the changes are minor, technical and
incidental to
the overall objectives of Hong Kong's immigration legislation.
Till Banett
Jill Barrett
Assistant Legal Adviser
K 174 270 3381
30 March 1992