XN000022-1981-12-09 — Page 4

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WEDNESDAY, DECEMBER 9, 1981

THE FIRST EMPOWERS IMMIGRATION OFFICERS TO EXAMINE A PERSON AT ANY TIME IF THERE IS REASONABLE CAUSE TO BELIEVE THAT THE PERSON HAS LANDED UNLAWFULLY SO THAT HE THEN BECOMES SUBJECT TO SUMMARY REMOVAL PROCEDURES. PREVIOUSLY, A PERSON COULD ONLY BE EXAMINED ON HIS ARRIVAL OR REPARTURE, BUT NOT IN THE INTERVAL BETWEEN, EVEN IF THERE WAS REASONABLE CAUSE AT THE TIME TO BELIEVE HE ENTERED HONG KONG UNLAWFULLY.

THE SECOND MAKES IT CLEAR THAT A PERSON REFUSED PERMISSION TO LAND AT ANY TIME MAY BE SUMMARILY REMOVED UNDER THE ORDINANCE. SINCE SUCH REFUSAL UNDER THE NEW PROVISIONS MAY OCCUR LONG AFTER A PERSON ARRIVES IN HONG KONG, MR GRIFFITHS SAID, THE AMENDMENT PROVIDED THAT A PERSON MAY BE SUMMARILY REMOVED UNDER SECTION 18 ONLY WITHIN TWO MONTHS OF THE DATE HE SO ARRIVES AS OPPOSED TO TWO MONTHS FROM THE DATE OF REFUSAL AS BEFORE,

THE THIRD PROVIDES DIRECT PENALTIES FOR ASSISTING AN ILLEGAL IMMIGRANT TO REMAIN, PRACTICAL EXPERIENCE IN PROSECUTING TRAFFICKERS, PARTICULARLY IN REGARD TO HARBOURING ILLEGAL IMMIGRANTS, MR GRIFFITHS SAID, SUGGESTED THAT SUCH A PROVISION WOULD BE FAR MORE EFFECTIVE THAN THE PRESENT INDIRECT MEANS AFFORDED BY CHARGING SUCH OFFENDERS WITH AIDING AND ABETTING AN OFFENCE OF UNLAWFUL LANDING.

PROSECUTIONS UNDER THE NEW SECTION FOR ASSISTING AN UNAUTHORISED ENTRAN TO REMAIN WOULD BE TAKEN WITH DISCRETION AND AFTER CAREFUL CONSIDERATION OF ALL CIRCUMSTANCES, HE SAID, AND WOULD REQUIRE PRIOR CONSENT FROM THE ATTORNEY GENERAL.

MR GRIFFITHS POINTED OUT THAT THE CASE OF EACH ILLEGAL IMMIGRANT CAUGHT WOULD BE DEALT WITH AS BEFORE AND IN ACCORDANCE WITH THE VARIOUS PROVISIONS FOR APPEAL WHICH CURRENTLY EXIST, AND WHICH ENSURE THAT EACH CASE IS CONSIDERED ON ITS MERITS.

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