TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 84

IMMIGRATION (AMENDMENT) (NO. 2)

HONG KONG

No. 42 OF 1979

L.S.

I assent.

Ord. No. 42/79

A127

JACK CATER, Acting Governor.

21st June, 1979.

An Ordinance to amend the Immigration Ordinance.

[22nd June, 1979]

Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Immigration (Amendment) Short title. (No. 2) Ordinance 1979.

2. Section 2(1) of the principal Ordinance is amended in the defini- Amendment of tion of “immigration assistant" by inserting after “rank of” the following

3.

"senicr immigration assistant or".

section 2.

(Cap. 115.)

Section 32 of the principal Ordinance is amended by adding Amendment of after subsection (3) the following subsections→

"(4) Notwithstanding subsections (1), (2) and (3), a person who is to be removed from Hong Kong under section 18 or in respect of whom a removal order or a deportation order is in force may be detained-

(a) under the authority of the Chief Secretary for not more

than 28 days; and

(b) by order of a court on the application of the Attorney General for further periods, not exceeding 21 days upon any one application,

for the purpose of giving evidence at the trial of any offence or of facilitating inquiries into any offence or suspected offence.

(5) In subsection (4), "court" includes the District Court and a magistrate.".

4.

section 32.

Section 47(1) of the principal Ordinance is amended by deleting Amendment of "not exceeding 250 gross tons".

section 47.

5. Section 48 of the principal Ordinance is amended by deleting Amendment of subsection (6) and substituting the following--

(Cap. 221.)

"(6) On the hearing of an application under this section a certified true copy of the record of the proceedings, including the decision of the court, in any proceedings in respect of the offence under section 38(1) or (4) or section 39 of this Ordinance or section 90(1) of the Criminal Procedure Ordinance shall be admissible in evidence.".

section 48.