TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 331

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is for the time being impracticable, and clause 50 empowers the

Governor to suspend a deportation order as an alternative to

rescission. The power to suspend is not limited to cases where

deportation is impracticable since this course may be appropriate

in other circumstances.

Power to rescind the suspension of a deportation order

is vested in the Governor in Council since revocation is tantamount

These new provisions require additional powers of

to deportation.

arrest and detention (clauses 29 and 50(3)).

Offences.

Some improvements in detail are made. The major changes

are as follows.

The serious offences under clauses 33(4) and 34, which are

a continuation of existing summary offences, will also be triable

on indictment.

Under section 23 of the Immigration (Control and Offences)

Ordinance, the Director of Immigration is empowered to impose a

civil penalty in a fixed sum of one thousand dollars on the owner

of any aircraft in which a person who does not have a valid travel

document is brought to Hong Kong. The fixed penalty is not

altogether desirable and clause 36 now makes it an offence to bring

to Hong Kong a passenger who does not have a travel document, SC

that a court will have discretion as to the penalty to be imposed.

Clause 38 introduces new offences in relation to false

statements made to immigration officers and others acting under the

legislation or in documents furnished for the purposes of the

legislation. Clause 38(2), in addition to re-enacting the existing

law relating to forgery of travel documents and possession of

forged or false travel documents, will make it an offence to alter

a travel document and to use or possess an unlawfully altered travel

document. It will also be an offence to possess a travel document

CONFIDENTIAL