TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 146

IMMIGRATION BILL

and enables an immigration officer to require the owners or agents of the ship or aircraft in which the immigrant arrived to remove him at their expense in another ship or aircraft. An immigration officer will also be able to require the owners of any ship or aircraft to remove an immigrant who is refused permission. to land, but in such a case the Government will have to meet the cost of his removal.

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DETENTION.

The existing law authorizes detention for up to 4 days for immigration inquiries. Experience has shown that the detailed inquiries which are sometimes necessary cannot always be completed 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 24 and 27(2). Objections to the Governor in Council against 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 the question of 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 the question of 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As the law stands, a deportation order must either continue in force or be rescinded altogether.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 unsatisfactory,