TNAG-0984-FCO40-1203-Immigration-from-China-to-Hong-Kong-1980 — Page 89

2007

For discussion

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HKCK 34111

22nd October 1980 RECEIVED IN REGISTRY NO. 51

2 8 OCT 1980

KCS(80)6A 26

of 30

Copy No Page 1

MEMORANDUM FOR EXECUTIVE COUNCIL

PA Action Take&io

CONTROL AND RETURN OF IMMIGRANTS FROM CHINA AND MACAU

OPERATION CHAMPION

2111

sof5

PAJ27.10

A

Legislation

At the meeting on 14th October 1980, after considering memorandum XCS(80)6, the Council advised and the Governor ordered, inter alia, that the introduction of the Immigration (Amendment) (No 2) Bill 1980 into the Legislative Council on 23rd October 1980 should be approved in principle, subject to certain amendments and the final advice of the Council on 22nd October 1980. These amendments have been incorporated in the revised Bill which was circulated to Members on 20th October 1980. The Immigration (Amendment) (No 3) Regulations 1980 has also been amended to take account of these changes and a revised version is at Annex A.

2

In addition, new section 17G(2) of the Ordinance has been amended to include the holder of an Official Passport (defined in subsection (1)) among those who are lawfully employable. This amendment is required to cover employees of the Chinese People's Government working in Hong Kong and who in the past have not registered under the Registration of Persons Ordinance (Chapter 177).

3

A further amendment has been made to new section 53C at the request of UMELCO. The draft considered by Council on the 14th October enabled the Tribunal to discuss an appeal without hearing where it is satisfied that the facts or matters

"are not credible". It was

argued that this involved a subjective judgement and that in any case if the facts were capable of being good at law then the Tribunal should hear the appeal. Accordingly the words "are not credible or" have been deleted.

3 A

The Resolution under section 18E(4) of the Magistrate's Ordinance (Annex F of memorandum XCS(80)6) will enable persons summonsed for failing to carry proof of identity under new Part IVA of the Immigration Ordinance and identity cards under new Order to be made under the Registration of Persons Ordinance (Annex H, ibid) to plead guilty by letter. The Resolution cannot be passed until new Part IVA of the Immigration Ordinance comes into operation on 30th October 1980.

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