XN000022-1996-02-07 — Page 29

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The proposed Bill enables members of the Immigration Service to pursue the investigation of these offences entirely on their own. These powers include the power to stop, search, and to arrest suspected persons; to enter places and search for suspects; and to search for and seize evidence under warrant.

To regularise the handling of arrested persons, we propose to give members of the Immigration Service the power to detain and arrest persons and to grant bail. We also propose to extend the time limit to deliver an arrested person to the police station from the existing 12 hours to 48 hours, in line with the requirement imposed on other law enforcement agencies. The 12 hour period has caused practical difficulties in that there is insufficient time for members of the Immigration Service to make enquiries in order to determine whether the person should be charged, delivered to a police station, or released. This is particularly so when a large number of illegal workers are arrested during operations against illegal employment.

The offences for which these new powers are applicable will be specified in a Schedule to the Ordinance.

Mr President, the proposed amendments will enable the responsibility of investigating the specified offences to be entirely assumed by the Immigration Service. This would allow the investigation of these offences to be conducted more effectively and efficiently, since members of the Immigration Service are specifically trained to deal with offences in their own areas of responsibilities. It would also allow Police resources which are tied up in dealing with these offences to be redeployed for other important Police work in maintaining law and order. The powers we have proposed for the Immigration Service in respect of the specified offences are in line with existing powers already conferred on the police and other disciplined services, and are also consistent with the Bill of Rights Ordinance.

To prevent the possibility of abuse, the exercise of these new powers will also be subject to the same stringent safeguards that are now applicable to existing powers entrusted to the Immigration Service. A set of guidelines has been established for law- enforcement officers to follow when questioning suspects and taking statements. These rules also stipulate the rights and the facilities available to persons when they are arrested or questioned. Further, the Director of Immigration has, under Section 9 of the Immigration Service Ordinance, issued standing orders governing the proper exercise of statutory powers by immigration officers. They are subject to supervisory control of their senior officers and are liable for disciplinary action under Section 8 of the same Ordinance for any abuse of power.

Thank you, Mr President.

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