TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 257

CONFIDENTIAL

XCC(71)34

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Clause 25 provides that the Director may detain a person who has lodged an objection with the Governor or Governor in Council under clause 51 pending the decision as to his objection. Experience has shown that this power is necessary to prevent persons disappearing while their objection is being considered, as also is the power conferred by clause 28(2) on the Colonial Secretary to order the detention of a person pending the making of a removal order against him.

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Clause 27 enables the Governor to detain for the purpose of police inquiries persons who are to be redeported, if such police inquiries are related to the security of Hong Kong.

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At present, a deportation order may be rescinded, but there is no power to suspend it. The power to suspend a deportation order, subject to conditions, is considered desirable particularly in those cases where deportation is for the time being impracticable. Clause 51 will em- power the Governor to suspend a deportation order. Power to rescind the suspension of a deportation order, and thus reactivate the deportation order, is reserved to the Governor in Council.

Offences and Forfeiture

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Part VIII of the bill deals with offences and forfeiture. As regards offences, the following are the main changes:

(a)

(b)

at present the Director may impose a fixed penalty on the owner of any aircraft bringing in passengers without a valid travel document. This power is not considered appropriate, and in future by virtue of clause 36 it will be an offence to bring in passengers without a valid travel document, and the court will have discretion to determine the penalty.

Clause 38 will make it an offence to make false statements to immigration officers or others under the bill. The existing offences of forgery of travel documents and possession of forged or false travel documents are retained, and it is also made an offence to use or possess an unlawfully altered travel document.

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The provisions relating to the forfeiture of vehicles and ships used in the commission of offences under the bill have been extensively revised to correspond with similar provisions in the Import and Export Ordinance (Chapter 60). The main change is that in future the court will have discretion whether to order forfeiture or not.

Miscellaneous

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Clause 54 will confer on officers of Her Majesty's Ships such powers as they may require for the purposes of the Ordinance, and will allow the Emergency (Royal Navy) Police Powers Regulations (Chapter 241, subsidiary legislation) to be revoked.

CONFIDENTIAL