TNAG-0354-FCO40-390-Legislation-for-immigration-and-deportation-in-Hong-Kong-1972 — Page 47

CONFIDENTIAL

8.29.

For discussion

on 4th July 1972

XCC(72)46 Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

IMMIGRATION (AMENDMENT) BILL 1972

Annexed for the consideration of Honourable Members

is the Immigration (Amendment) Bill 1972.

2

The purpose of the bill is to amend the Immigration Ordinance (Chapter 115) to enable certain duties and powers at present vested in the Director of Immigration to be exercised by Immigration Officers and also to enable Immigration Assistants to exercise powers related to their normal duties in immigration control.

3

Under section 11(5) of the principal Ordinance, the Director of Immigration (which by definition includes the Deputy Director of Immigration and any Assistant Director of Immigration) is empowered to impose, cancel or vary any condition of stay, as well as to extend a limit of stay in respect of any person who does not have the right to land in Hong Kong under section 8(1) of the Ordinance,

4

Hundreds of applications for extensions of stay and variations in conditions of stay are handled by the Immigration Depart- ment every day. In the first three months of this year, over 19,000 extensions of stay (6, 880 in the Aliens Section, 568 in Branch Offices, 8,833 in the Chinese Section and 2, 871 in the Commonwealth Section) and 1, 531 applications for change of conditions of stay were approved. It is impossible for the Directorate of the Immigration Department to deal with such a large number of applications and if these powers are not delegated to Immigration Officers, considerable delays in dealing with such applications will develop with resultant inconvenience to members of the public.

5

Under the Immigration (Control and Offences) Regu- lations, which were revoked by the Immigration Regulations 1972, similar powers were specifically delegated to members of the Immi- gration Service down to the sub-inspector level. It is considered reason- able that such duties should be performed by an Immigration Officer, but legal opinion has been given that such delegation cannot be made adminis- tratively or by regulation and that an amending bill is required. Safe- guards against any possible abuse of these powers by an Immigration Officer are provided for in the Ordinance by section 53 which states that any person aggrieved by a decision, act or omission of any public officer taken, done or made in the exercise or performance of any powers, functions or duties under the Ordinance may submit an objection to the Governor in Council for a review of the decision, act or omission. Furthermore, administrative arrangements can be made by the Director of Immigration to ensure that cases in which it is considered necessary to refuse extensions of stay or changes in conditions of stay will be re- ferred to a senior level within the department for decision.

CONFIDENTIAL