TNAG-0984-FCO40-1203-Immigration-from-China-to-Hong-Kong-1980 — Page 198

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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G.F. 316

36

10.

Penalties are provided for in new section 17M, and

new section 17N creates a presumption that persons not lawfully

employable, who are found at a place of employment are

employees.

Removal Orders and Appeals

11.

Clause 4 replaces section 19 of the principal Ordinance

Clause 4 also adds a new

so as to transfer to the Director and Deputy Director of

Immigration the power to make a removal order, with one exception.

The exception is that the power to make a removal order against a

person who is an undesirable immigrant of less than 3 years

residence remains with the Governor.

subsection (5) to section 19, under which a person who is the

subject of an order made by the Director or Deputy Director must

be given written notice of the grounds on which the order was

made and of the time within which he may appeal. Clauses 5 and

10 make amendments which are consequential upon the redrafting of

section 19.

12.

Clause 6 makes amendments which are also in part

consequential upon the redrafting of section 19. As amended by

this clause, section 32 will empower the Director or Deputy

Director of Immigration to authorize the detention for up to 7

days of a person whose removal may be 'ordered by the Director or

his Deputy; for any period of detention greater than 7 days (and

up to a maximum of 21) the authority of the Secretary for

Security will be required.

13.

Clause 8, in conjunction with clause 9, replaces,

in the case of removal orders made by the Director or Deputy

Director of Immigration, the right of objection which a person

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