TNAG-0984-FCO40-1203-Immigration-from-China-to-Hong-Kong-1980 — Page 30

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misgivings.

May I therefore assure the Council that

this presumption clause will not be used against an

employer upon whose premises an illegal inmigrant is

found, if it is clear that the employer could have had

no knowledge of that person's status.

9.

I turn now to the removal of the illegal

inmigrants who are detected. A new Section 19 has been

•

provided which leaves with the Governor the responsibility

for ordering the removal of a person regarded as an

undesirable illegal immigrant (which is a weightier and

more subjective decision); but transfers, from the Governor

to the Director of Immigration or his Deputy, the authority

to order removal of the ordinary illegal immigrant. It

has been recognised for some time that it is undesirable

and unnecessary to require the Governor personally to

make the relatively large number of Removal Orders which

are made, and which will need to be made in future, under

the Immigration Ordinance.

10.

However, as a safeguard, a new appeals system

is proposed. This introduces into immigration legislation,

for the first time, the principle of an independent appeal

and tribunal. It is based in part on the UK system,

under which an independent layman of standing considers

appeals against Removal Orders. We are proposing that

there shall be a panel of lay assessors (or a Tribunal

as it will be termed) who will consider appeals against

/removal.....

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