TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 89

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(ii) by deleting "not exceeding 500 gross tons and"; and

(b) in subsection (2)—–—

(i) by inserting after "ships of war" the following—

"or auxiliary ships"; and

(ii) by deleting "not exceeding 500 gross tons".

Explanatory Memorandum

The principal object of this Bill is to amend section 32 of the Immigration Ordinance to provide for the detention of persons who are to be removed from Hong Kong in order to give evidence or facilitate inquiries into any offence. The Bill also makes a number of miscellaneous amendments to the principal Ordinance.

2. Clause 2 of the Bill amends the definition of "immigration assistant" so as to include the newly created post of senior immigration assistant.

3. At present an illegal immigrant who is to be removed from Hong Kong may be detained pending his removal only for such minimum time as is necessary to effect_his return. In many cases, this normally means only about 24 hours. Frequently an illegal immigrant who is to be removed has vital information which would facilitate the inves igation of a 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. This 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. 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 offence to resist arrest by a member of Her Majesty's forces or to obstruct such a member. Clause 6 of the Bill adds a new section, 57C. which extends sections 57A and 57B to include any officer or member of the Royal Hong Kong Regiment or the Royal Hong Kong Auxiliary Air Force.

6. Section 58 of the principal Ordinance gives officers of the Royal Navy in command of Her Majesty's warships power to board and search any ship not exceeding 500 gross tons and not being a warship which is proceeding through Hong Kong waters. The section also gives to such officers the power to seize and detain any such ship. or detain any person found on the ship, in connexion with suspected offences under section 38.