C480
IMMIGRATION (AMENDMENT) (NO. 2) BILL
(c) in subsection (3) by inserting after "removal order” follow-
ing-
"under section 19(1)(a)”;
(d) by inserting after subsection (3) the following-
"(3A) A person in respect of whom a removal order under section 19(1)(b) is in force may be detained under the authority of the Director of Immigration or Deputy Director of Immigration pending his removal from Hong Kong under section 25."; and
(e) in subsection (4) by deleting "(2) and (3)” and substituting the
following-
Amendment of section 42.
7.
“(1A), (2), (2A), (3) and (3A)”.
Section 42 of the principal Ordinance is amended—
(a) in subsection (1)(c) by deleting "or re-entry permit" and sub-
stituting the following-
", re-entry permit, certificate of identity, document of identity or Vietnamese refugee card";
(b) in subsection (2)(a) by deleting "or re-entry permit" and sub-
stituting the following-
re-entry permit, certificate of identity, document of identity or Vietnamese refugee card";
(c) in subsection (2)(b) by inserting after "re-entry permit" the
following-
", certificate of identity, document of identity, Vietnamese refugee card";
(d) in subsection (2)(c)(i) by deleting "or re-entry permit" and sub-
stituting the following-
66
す
re-entry permit, certificate of identity, document of identity
or Vietnamese refugee card";
(e) in subsection (3) by deleting "or re-entry permit" and substituting
the following-
", re-entry permit, certificate of identity, document of identity or Vietnamese refugee card";
(f) in subsection (4)(a) by deleting "$10,000" and substituting the
following-
"$50,000"; and
(g) in subsection (4)(b) by deleting "$5,000" and substituting the
following-
Amendment of
8.
section $3.
"$20,000".
Section 53 of the principal Ordinance is amended-
(a) in subsection (1) by deleting "Any person" and substituting the
following-
"Subject to subsection (8), any person";
(b) by inserting after subsection (7) the following--
"(8) No objection shall be made under this section to a removal order made by the Director of Immigration or by the Deputy Director of Immigration, or to the decision of an adjudicator.".
9.
the foll
IMMIGRATION (AMENDMENT) (NO. 2) BILL
C481
e principal Ordinance is amended by adding after section 53 Addition of
g sections-
"Appcal against removal orders made by Director or Deputy Director of Immigration.
Removal orders not to be executed pending appeal.
Dismissal of appeal without hearing.
Determination
of appeals.
sections 53A. 53B. 53C, 53D. 53E, 53F and
53A. (1) A person against whom a removal order has 53G. been made by the Director of Immigration or the Deputy Director of Immigration may appeal to the Tribunal against the removal order on the ground that on the facts of his
case-
(a) he has the right to land in Hong Kong under
section 8(1); or
(b) he had at the date when the removal order was made the permission of the Director of Immigra- tion to remain in Hong Kong.
(2) A person who wishes to appeal under subsection (1) shall serve written notice of appeal, stating his grounds of appeal and the facts upon which he relies, upon an immigra- tion officer or immigration assistant, within 24 hours of being notified of the removal order under section 19(5):
Provided that such notice shall not preclude such person from raising other facts prior to the determination of his appeal by the Tribunal and relying upon those facts.
53B. A person shall not be removed pursuant to a removal order made by the Director of Immigration or the Deputy Director of Immigration-
(a) until the time limited for an appeal has passed or the person against whom the removal order has been made declares in writing that he does not intend to appeal, whichever is the sooner; or (b) where an appeal against the order is commenced. until the appeal is determined by the Tribunal, or the appellant declares in writing that he is abandon- ing his appeal, whichever is the sooner.
53C. Where the Tribunal, upon an examination of the written grounds of appeal on which a person appealing under section 53A seeks to rely, is satisfied that the facts or matters on which the appellant is seeking to rely are matters which would not entitle the appellant to succeed in the appeal, it may dismiss the appeal without a hearing and in any such case it shall cause written notice of such dismissal to be given to the appellant and to the Director of Immigration.
53D. (1) On an appeal under section 53A against a removal order-
(a) where the Tribunal determines that on the facts of
the case as it finds them the appellant-
(i) does not have the right to land in Hong Kong under section 8(1); and
(ii) does not, disregarding the effect of the removal order under section 19(4), have the permission of the Director of Immigration to remain in Hong Kong,
it shall dismiss the appeal; and
(b) in any other case it shall allow the appeal and
rescind the removal order.
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