There would also be a practical problem over the removal of apprehended evaders. Illegal immigrants arrested before reaching base are regarded as having been "refused permission to land" under section 18(1) of the Immigration Ordinance (Chapter 115) and are returned quickly with the minimum of legal procedure. Evaders from China, like illegal immigrants from any other country, could at present be sent back only on the authority of a Removal Order by the Governor under section 19 of the Immigration Ordinance. Given the numbers involved, this could prove cumbersome, time-consuming and likely to attract publicity. is, therefore, proposed, if return of evaders is agreed, to introduce amending legislation which would provide for all evaders from whatever country to be returned on the authority of a Removal Order made by the Director of Immigration or his Deputy, with a provision for appeal to a new final appellate body. The form the latter would take, the grounds on which appeals could be made and whether these grounds should be embodied in the legislation have yet to be finalised.
39
It
The physical detention and subsequent return of evaders would be unlikely to present difficulties, in view of the large numbers that the present system can already cope with.
Consultation with China
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Implementation of a new policy would require the co- operation of China in accepting the return of evaders. It is not expected that the Chinese would raise any difficulties over the latter: they have already agreed to do so.
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