TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 330

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satisfactorily within that period and the Bill permits detention

for that purpose for not more than seven days.

The power to detain in connexion with immigration

examinations and removal or deportation from Hong Kong are not

changed in substance, though the Bill makes some procedural changes

and clarifies the law.

Additional powers to detain are introduced by clauses

Objections to the Governor in Council against

24 and 27(2).

decisions of the Director of Immigration are an important 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 24 empowers the Director to detain an objector

pending the decision on an objection.

The other new power will enable the Colonial Secretary

to detain a person while an application for his removal by order of

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

present has caused difficulty in some cases and the difficulties

might increase now that a conviction is not a pre-requisite to

the removal of an illegal immigrant or a person who is in breach

of conditions of stay. Furthermore, a power to detain pending

consideration of an application for removal under the Governor's

new power is essential.

Provision is also made for the detention for the purpose

of police inquiries, in special cases affecting the security of

Hong Kong, of persons who have returned to Hong Kong in breach

of a deportation order (clause 26).

Suspension of deportation orders.

As the law stands, a deportation order must either

continue in force or be rescinded altogether. This is unsatis-

factory, particularly in the case of persons whose deportation

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