TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 112

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8. Powers to detain.

A person may now be detained for up to four days for

irigration inquiries. Since experience has shown that the

detailed inquiries which are sometines necessary cannot always

be completed satisfactorily within that period, clause 20

permits detention for that purpose for not nore than seven days.

The power to detain in connection with immigration

examinations and removal or deportation from dong Kong will not

be changed in substance, though the Bill makes sone procedural

changes and also clarifies the law.

Additional powers to detain are introduced by clause 23

and clause 25(2). Objections to the Governor in Council against

decisions of the Director of Immigration are an inportant

feature of the immigration law. It is, however, also important

that the lodging of an objection should not provide an opportunity

for the objector to evade the Director's decision if it is

confirmed,

Accordingly, clause 23 empowers the Director to

detain an objector pending the determination of an objection,

The other new power will enable the Director to detain

a person while an application for his renoval by order of the

Governor is being considered. The absence of such a power at

present has caused difficulty in sorie cases and the difficulties

may increase if the proposal that a conviction should not be

a pre-requisite to the removal of an illegal immigrant or a

person who is in breach of landing conditions is accepted.

Furthermore, a power to detain pending consideration of an

application for renoval under the Governor's new power

(clause 16(1) and (2)(b)) will be essential.

9. Offences.

Sone improvements in detail have been nade. The

major changes are as follows,

The serious offences under clauses 31(4), 32 and 33,

which are a continuation of existing summary offences, will

also be triable on indictment.

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