Removal orders
mor to be
Secured
pedding appeal.
Diemisal of app witho heari
Determination or appeal.
Release of mustful
Appellant.
Eublishment.
of Inamdaraikoa
Tribunal
12
Provided that such notice shall not preclude such person from raising other facts prior to the determination of his appeal by the Tribunal and relying upon those facts.
338. A person shall not be removed pursuant to removal order made by the Director of Immigration or the Deputy Director of Immigration—
(a) until the time limited for an appeal has passed or the person against whom the removal order has been made declares in writing that he does not intend to appeal, whichever is the sooner; or
(b) where an appeal against the order is commenced, until the appeal is determined by the Tribunal, or the appellant declares in writing that he is abandon- ing his appeal, whichever is the sooner.
53C. Where the Tribunal, upon an examination of the wrilten grounds of appeal on which a person appealing under section 53A seeks to rely, is satisfied that the facts or inattera on which the appellant is secking to rely are matters which would not entitle the appellant to succeed in the appeal, it may dismiss the appeal without a hearing and in any such case il shall cause written notice of such dismissal to be given to the appellant and to the Director of Immigration,
$3D. (1) On an appeal under section 53A against a removal order—
(2) where the Tribunal determines thai on the facts of
the case as it finds them the appellant ·
(i) does not have the right to land in Hong Kong under section 8(1); and
(1) does not disregarding the effect of the removal order under section 19(4), have the permission of the Director of Immigration to remain
in Hong Kong,
it shall dismiss the appeal; and
(b) in any other case it shall allow the appeal and
rescind the removal order.
(2) The decision of the Tribunal under this section of section $3C shall be final.
$3E. Where an appeal under section 33A is successful the appellant shall be released forthwith unless he may be held in lawful custody on some other matter.
53F. (1) There is hereby established a tribunal to be known as the Immigration Tribunal.
(2) For the purpose of exercising the jurisdiction of the Tribunal, the Governor shall appoint a chicf adjudicator and such number of other adjudicators as from time to time may be necessary.
(3) The remuneration. if any, of the chief adjudicator and other adjudicators shall be determined by the Govemar.
Practice and pincedure CHE Tribunal
(Cap. 27.)
13
53G. (1) The practice and procedure on appeals under section 53A, and of the Tribunal shall be such as shall be prescribed. and without prejudice to the generality of the foregoing and of section 59, the following matters may be prescribed and provided for under section 59-
(a) the number of 'adjudicators who shall hear and
determine any appeal;
(b) provision as to witnesses and the production of documents similar to that in sections 21 and 22 of the Magistrales Ordinance:
(c) the hearing of an appeal in the absence of the appellant where he cannot attend by reason of illness or injury or where his attendance would present a threat to the health or safety of other persons at the hearing or in other circumstances; and
(d) provision empowering the Tribunal to allow, if it thinks fit, the appellant and respondeal lo be represented by counsel or a solicitor,
(2) The Tribunal and any adjudicator may in the discharge of any function under this Ordinance consult any member of a panel of legal advisers to the Tribunal appointed by the Attorney General.".
10. Section 6301) of the principal Ordinance is amended by deleting paragraph (a) and substituling the following-
“[a] a removal order signed by the Govemor or by the Director of Immigration or Deputy Director of Immigration, or a deportation order signed by the Clerk of Councils; or,
Passed by the Hong Kong Legislative Council This 23rd day of October 1980.
Clerk in the Legbijative Cofncil.
me
This printed impression has been carefully compared? with the bill, and is found by me to be a true and prrectly printed copy of the said hil.
Clerk to the Legislative Council.
Azmendimet, of sexwon 63.