WEDNESDAY, NOVEMBER 24, 1993
16
IMMIGRATION BILL AMENDED
THE SECRETARY FOR SECURITY, MR ALISTAIR
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ASPREY MOVES AN AMENDMENT TO CLAUSE 9 OF THE IMMIGRATION (AMENDMENT) (NO. 2) BILL 1993 AT ITS COMMITTEE STAGE IN THE LEGISLATIVE COUNCIL MEETING TODAY (WEDNESDAY).
NUMBER
THE BILL SEEKS TO AMEND THE IMMIGRATION ORDINANCE IN A OF MINOR RESPECTS IN ORDER TO REMOVE CUMBERSOME AND INAPPROPRIATE PROCEDURE BY WHICH SOME PARTS HAVE TO BE RENEWED EVERY YEAR BY THE LEGISLATIVE COUNCIL.
CLAUSE 9 RELATES TO SECTION 37K (2) OF THE ORDINANCE WHICH CONTAINS A PRESUMPTION RELATING TO A PERSON'S STATUS AS OWNER, AGENT, CAPTAIN OR CREW-MEMBER OF A SHIP CARRYING ILLEGAL IMMIGRANTS.
MR ASPREY NOTED THAT THE ORIGINAL CLAUSE 9 OF THE BILL HAD PROPOSED TO BASE THE PRESUMPTION ON A POLICE OFFICER OF THE RANK OF SUPERINTENDENT OR ABOVE HAVING REASONABLE GROUNDS FOR BELIEF OF A PERSON'S STATUS, RATHER THAN THE PRESENT MORE SUBJECTIVE BASIS OF HONEST BELIEF.
"A RECENT SUBMISSION FROM THE LAW SOCIETY HAS CAUSED OUR LEGAL ADVISERS TO RECOGNISE THAT CLAUSE 9, AS DRAFTED, DOES NOT ACHIEVE THE DESIRED OBJECTIVE.
"THE RESULT OF THE CLAUSE AS DRAFTED WOULD BE THAT THE PRESUMPTION WOULD OPERATE WHERE A POLICE OFFICER CERTIFIED THE EXISTENCE OF REASONABLE GROUNDS FOR BELIEVING THAT A PERSON IS AN OWNER, AGENT, CAPTAIN OR CREW-MEMBER OF A SHIP.
"ARGUABLY, A COURT WOULD BE PRECLUDED FROM LOOKING BEHIND EXISTENCE OF THE CERTIFICATE AND SATISFYING ITSELF AS ΤΟ REASONABLENESS OF THE OFFICER'S BELIEF,' HE SAID.
THE
THE
THE AMENDMENT THEREFORE SEEKS TO MAKE IT QUITE CLEAR THAT IT IS COURT WHICH MUST BE SATISFIED THAT THE APPLICATION OF THE PRESUMPTION IS JUSTIFIED IN EACH CASE, MR ASPREY ADDED.
THE
PUBLIC WELL-INFORMED OF GOVT AND PUBLIC SECTOR EXPENDITURE
* * * * *
THERE
ARE ADEQUATE
OF THE CHANNELS FOR INTERESTED MEMBERS
PUBLIC то
THEMSELVES KEEP
INFORMED AND TO COMMENT ABOUT EXPENDITURE OF THE GOVERNMENT AND PUBLIC SECTOR BODIES.
THE
THIS WAS STATED BY THE SECRETARY FOR THE TREASURY, MR DONALD TSANG, IN THE LEGISLATIVE COUNCIL TODAY (WEDNESDAY).
PETER
HONG-YUEN,
MR
IN REPLY
WONG TO A QUESTION BY THE HON TSANG TOLD THE LEGISLATORS THAT IT WAS A WELL-RECOGNISED PRINCIPLE THAT THE DETAILED MONITORING OF GOVERNMENT PERFORMANCE AND EXPENDITURE WAS PRIMARILY THE ROLE OF LEGCO, RATHER THAN INDIVIDUAL MEMBERS OF THE PUBLIC.
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