TNAG-0985-FCO40-1204-Immigration-from-China-to-Hong-Kong-1980 — Page 99

A356

Amendment of section 63.

Ord. No. 62/80

Release of successful

appellant.

Establishment

of Immigration Tribunal.

Practice and procedure of Tribunal.

(Cap. 227.)

IMMIGRATION (AMENDMENT) (NO. 2)

(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.

(2) The decision of the Tribunal under this section or section 53C shall be final.

53E. Where an appeal under section 53A is successful the appellant shall be released forthwith unless he may be held in lawful custody on some other matter.

53F. (1) There is hereby established a tribunal to be known as the Immigration Tribunal.

(2) For the purpose of exercising the jurisdiction of the Tribunal, the Governor shall appoint a chief adjudicator and such number of other adjudicators as from time to time may be necessary.

(3) The remuneration, if any, of the chief adjudicator and other adjudicators shall be determined by the Governor.

53G. (1) The practice and procedure on appeals under section 53A, and of the Tribunal shall be such as shall be prescribed, and without prejudice to the generality of the foregoing and of section 59, the following matters may be prescribed and provided for under section 59—

(a) the number of adjudicators who shall hear and

determine any appeal;

(b) provision as to witnesses and the production of documents similar to that in sections 21 and 22 of the Magistrates Ordinance;

(c) the hearing of an appeal in the absence of the appellant where he cannot attend by reason of illness or injury or where his attendance would present a threat to the health or safety of other persons at the hearing or in other circumstances; and

(d) provision empowering the Tribunal to allow, if it thinks fit, the appellant and respondent to be represented by counsel or a solicitor.

(2) The Tribunal and any adjudicator may in the discharge of any function under this Ordinance consult any member of a panel of legal advisers to the Tribunal appointed by the Attorney General.".

10. Section 63(1) of the principal Ordinance is amended by deleting paragraph (a) and substituting the following-

"(a) a removal order signed by the Governor or by the Director of Immigration or Deputy Director of Immigration, or a deportation order signed by the Clerk of Councils; or".

IMMIGRATION (AMENDMENT) (NO. 2)

Ord. No. 62/80

A357

Passed by the Hong Kong Legislative Council this 23rd day of Octobe 180.

LORNA LEUNG,

Clerk to the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.

LORNA LEUNG,

Clerk to the Legislative Council.