TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 233

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Friday, July 9, 1971

It will no longer be necessary to obtain a conviction against an

illegal immigrant, or overstayer, or person in breach of other conditions

of stay, before ordering his removal.

The expenses involved in removing such persons will be met from funds provided by the Legislative Council, except that the Colonial Secretary

may use the money of the persons to be removed to meet such expenses.

The Bill further provides that the Governor in Council may make

a deportation order against any immigrant, whether a British subject or

an alien, who is found guilty in Hong Kong of any offence punishable with

imprisonment, or whose deportation the Governor in Council deems to be

conducive to the public good.

Powers Of Detention

A deportation order, however, may not be made against an immigrant

citizen of the United Kingdom and Colonies who has been ordinarily resident

in Hong Kong for a continuous period of 10 years.

The Bill proposes to permit an immigration officer of the rank of

Chief Immigration Officer or above or police officer of the rank of Assistant

Superintendent or above to detain an immigrant for not more than seven days

for enquiries connected with the Ordinance. The present permitted period

of detention is four days, which experience has shown to be sometimes

inadequate.

The Director of Immigration will be given the power to detain a

person who has lodged an objection to the Governor in Council against the

Director's decision. Experience has shown that this power is necessary to

prevent persons disappearing while their objection is being considered.

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