TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 147

C324

C

·

IMMIGRATION BILL

particularly in the case of persons whose deportation 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 to deportation. These new provisions require additional powers. of 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, so 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 if a false statement was made in connexion with an application for its issue.

Forfeiture of vehicles and ships.

The provisions for the forfeiture of vehicles and ships have been revised considerably and follow substantially the corres- ponding modern provisions of the Import and Export Ordinance 1970. In particular, a court is given a discretion with respect to forfeiture.

+

1