24
CAP. 115]
Immigration
[1989 Ed.
(3) In preparing his case for review under this section an applicant shall be permitted all reasonable facilities to enable him to obtain the assistance of-
(a) his legal representative, if he has one; or
(b) in any other case, a prescribed person,
and such representative or person shall be afforded all reasonable facilities to enable him to render such assistance.
(4) Neither the applicant nor his representative shall be entitled to be present when his case is reviewed by a Board.
(5) Upon the hearing of the review a Board shall make such decision as to the status of the appellant and as to his continued detention under section 13D(1) as it may think fit, being a decision which the Director might lawfully have made under this Ordinance, and the Director shall give effect to such decision.
(6) For the removal of doubt, it is hereby declared that the making of an application under this section does not give the person by whom or on whose behalf it is made the right to land or remain in Hong Kong pending the decision of a Board on the application.
(7) A Board when considering any review under this section shall act in an administrative or executive capacity.
(8) A Board shall not be required to assign any reason for its decision and a decision of a Board shall not be subject to review or appeal in any court.
(9) Any resident or former resident of Vietnam or any child of such resident or former resident who prior to the commencement of the Immigration (Amendment) Ordinance 1989 (23 of 1989) objected under section 53 to a refusal to grant him permission to remain in Hong Kong as a refugee or to his detention or removal under section 13D shall, if his objection is pending at the commencement of that Ordinance, be deemed to have applied to a Refugee Status Review Board for a review of that decision under subsection (1). (23 of 1989 s. 6(1) incorporated)
(10) The chairman of the Refugee Status Review Boards may authorize or direct that the rules of practice and procedure on review prescribed under section 59 as read with section 13G(5) shall be modified in such manner as he may direct for the purpose of hearing an application to which subsection (9) applies. (23 of 1989 s. 6(2) incorporated)
(11) Where a decision has been made to refuse any resident or former resident of Vietnam permission to remain in Hong Kong as a refugee not more than 14 days prior to the commencement of the Immigration (Amendment) Ordinance 1989 (23 of 1989), the period of 28 days referred to in subsection (1) shall, in his case, be reckoned as commencing on the commencement of that Ordinance, as if a notice under section 13D, notifying him of that decision had been served at the time of such commencement. (23 of 1989 s. 6(3) incorporated)
(Added 23 of 1989 s. 4)
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1989 Ed.]