XN000022-1996-07-10 — Page 47

(b)

(c)

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secondly, we propose to confine the total detention period between initial detention for inquiry and bringing an arrested person before a magistrate or release of the person to 48 hours; and

thirdly, we propose to amend section 13(1) and (2) by deleting the words "appearing to him to have control of the place or to be residing therein" and substituting "residing in or in charge of the place". This is modelled on section 50(3) of the Police Force Ordinance, Cap. 232, and provides a better safeguard to private premises against search by members of the Immigration Service. We also propose a number of minor amendments to the Bill to bring it more into line with other legislation governing the powers of other disciplined forces.

I can assure the Honourable Members that whilst the Administration wishes to ensure that officers of the Immigration Service are given the necessary powers of investigation to discharge their statutory duties, it is equally concerned that there should be adequate checks and balances to prevent any abuse of powers. We are satisfied that the Bill, with the Committee Stage Amendments that we propose, will strike a right balance, and that the existing stringent safeguards against any abuse of power are effective and sufficient.

As regards the issue of training over which the Honourable Emily Lau and James To expressed concern, I would like to talk about this now. We are already providing extensive training on investigation work and powers to investigators of the Immigration Service. Once the Bill is enacted, new training courses and briefings will be put in place to ensure that staff of the Immigration Service who will be wielding the new powers are conversant with the law and capable of exercising the powers conferred on them. Appropriate Standing Orders will be issued to guide and regulate the exercise of these proposed powers. In fact, most of the powers conferred by the Bill are similar to existing powers exercised under the Immigration Ordinance. We are confident that officers of the Immigration Service will have no difficulties in assuming the new investigation responsibilities.

In response to the request of the Bills Committee, the Administration will submit a paper to the LegCo Security Panel detailing the complaints handling procedures and training provided to officers of the Immigration Service when the Bill comes into operation. Surely, we will follow up this commitment.

Mr President, I recommend the Immigration Service (Amendment) Bill 1996 to this Council.

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