1980-HKRS28-16-28_Part04 — Page 54

Achwendtneri of Peccion 12.

Amerdiment of Doction 12.

10

Section 22(1)(a) of the principal Ordinance is amended by deleting *19(1)(c)" and substituting the following-

"{90Xα)".

6. Section 32 of the principal Ordinance is amended- (a) by inserting after subsection (1) the following-

*(LA) Where consideration is being given to applying for or making a removal order in respect of a person, that person may be detained as provided for in subsection (2) or (2A), whichever is appropriate in the particular case.";

(M) by deleting subsection (2) and substituting the following

"(2) A person may be detained under the authority of The Secretary for Security-

(a) for not more than 14 days pending the making of an application to the Governor for a removal order under section 19(1)(a) in respect of that person: and (b) for not more than a further 14 days pending the decision of the Governor as to whether or nol a removal order should be made under section 1911) in respect of that person.

(ZA) A person may be detained pending the decision of the Director of Immigration or Deputy Director of Immigration as to whether or not a removal order should he made under section 190(116) in respect of that person- (a) for not more than 7 days under the authority of the Director of Emmigration or Deputy Director of Immigration;

(h) for nat more than a further 21 days under the

authority of the Secretary for Security; and

(e) where inquiries for the purpose of such decision have not been completed, for a further period of 21 days under the authority of the Secretary for Security, in addition to the periods provided under paragraphs (a) and (5),*;

(c) in subsection (3) by inserting after "removal order" the follow-

ing

"under section [91)(}";

(d) by inserting after subsection (3) the following-

“QA) A person in respect of whom a removal order under section 19(1)(8) is in force may be detained under the authority of the Director of Immigration or Deputy Director of Immigration pending his removal fram Hong Kong under section 25."; and

(e) in subsection (4) by deleling "(2) and (3)" and substituting the

following-

Amcodment of

7.

setting 42

“NIA), (2), (2A), (3) and (3A)",

Section 42 of the principal Ordinance is amended-

(a) in subsection (1)(c) by deleting or re-entry permit" and sub-

stituring the following-

H

re-entry permil, certificate of identity, document of identity or Vietnamese refugee card":

1L

(b) in subsection (2)(a) by deleting or It entry permit" and sub-

stituting the following—

re-entry permit, certificate of identity, document of identity or Vietnamese refugee card";

(c) in subsection (2)(6) by inserting after re-entry permit" the

following-

id

# certificate of identity, document of identity, VietnameNG refugee card":

(d) in subsection (2)(c))) by deleting "or re-entry permit" and sub-

stituting the following-

re-entry permit, certificate of identity, document of identity or Vietnamese refugee card";

(e) in subsection (3) by deleting "or re-entry permit" and substituting

the following-

LL

resentry permit, certificate of identity, document of identity or Vietnamese refugee card";

( in subsection (4)(%) by deleting "$10,000" and substituting the

following

"$50,000"; and

(g) in subsection (4)(M) by deleting "$5,000" and substituting the

following-

8.

**$20,000",

Section 53 of the principal Ordinance is amended-

(a) in subsection (1) by deleting "Any person" and substituting the

following-

"Subject to subsection (8), any person"

(b) by inserting after subsection (7) the following-

9.

"(8) No objection shall be made under this section to a removal order made by the Director of Immigration or by the Deputy Director of Immigration, or to the decision of an adjudicator.".

Armendment of ĶERION 531.

The principal Ordinance is amended by adding after section 53 Addiwon of the following sections--

"Appeal amat reminal orders made by Director int Derud Director o Enemigti,

Begining 13A. $3. 53C. 330. $12, 53F and

534. (1) A person against whom a removal order has 330. been made by the Director of Immigration or the Deputy Director of Immigration may appeal to the Tribunal against the removal order on the ground that on the facts of his

Da 90--

(a) he has the right to land in Hong Kong under

section B(1); or

(8) he had at the date when the removal order was

made the permission of the Director of Immigra tion to remain in Hong Kong.

(2) A person who wishes to appeal under subsection (1) shall serve written notice of appeal, stating his grounds of appeal and the facts upon which he relies, upon an immigra- tion officer or immigration assistant, within 24 hours of being notified of the removal order under section 19(5):