TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 274

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suspected crime or is in a position to give evidence

in a criminal trial, but because of the present legal

position, the immigrant cannot give his information or

evidence at the time required. In these circumstances,

clause 3 of the Bill amends section 32 of the

Immigration Ordinance so as to provide for the detention

of persons who are to be removed from Hong Kong for the purpose of either giving evidence at a criminal trial

or helping inquiries into any offence or suspected

offence. Detention for a period of not more than 28

days will be at the Chief Secretary's discretion. period may be extended by a court on the application of

the Attorney General and is intended to cover such cases

as justice so requires.

4.

This

Section 47 of the principal Ordinance provides

for the forfeiture of ships not exceeding 250 gross tons

if the captain of the ship is guilty of an offence under

section 38(4) or section 39. These offences relate to

the carrying or landing of illegal immigrants. Recent

events have shown that ocean going ships may be involved

in such activities. Clause 4 of the Bill amends section

47 by removing the restriction of 250 gross tons, thus

making all ships liable to forfeiture. Clause 5 of the

Bill makes a consequential amendment to section 48.

5.

Section 57A of the principal Ordinance confers

certain powers of arrest on any member of Her Majesty's

forces when acting in the course of his duty and for the

purposes of the Ordinance. Section 57B makes it an

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