TNAG-0986-FCO40-1205-Legislation-for-immigration-into-Hong-Kong-1980 — Page 88

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assistants) by conferring upon them some of the existing powers and functions of members of the Immigration Service of or above rank of assistant immigration officers (referred to in the principal nance as immigration officers). This will allow the Immigration Department an increased degree of flexibility in the deployment of staff to cope with the greatly increased demand for immigration facilities, and increases in the number of immigration control points and volume of travellers pass- ing through these points. The immigration assistants will be concerned with the more routine administration of the Immigration Ordinance, such as the examination of persons arriving in Hong Kong, the grant of permission to land, and other related functions.

This object is achieved principally by the amendments to various sections of the Immigration Ordinance effected by clause 10. The amend- ment in clause 8(a) confers upon immigration assistants powers of search and seizure but the new subsection (1A) in clause 8(b) reserves the existing powers of arrest, entry and search of premises to immigration officers. The existing power to refuse permission to land is also reserved to immigration officers (Schedule, section 11(1), amendment (b)).

The Bill also transfers to the Secretary for Security certain powers that are presently vested in the Governor and the Chief Secretary since the Secretary for Security is more directly concerned in the administra- tion of the relevant provisions of the Ordinance. This is effected by- Clause 3 which transfers the power in section 29 to detain persons for

inquiry as to deportation.

Clause 4 which transfers the power in section 32 to detain persons

pending removal or deportation.

Clause 5 which transfers the power in section 34 to detain persons arrested for breach of a condition of a suspending deportation order. Clause 6 which transfers the power in section 35 to designate places of

detention.

Clause 9 which transfers the power in section 60 to designate approved

immigration anchorages and approved landing places.

Clause 7 amends section 37K(2) of the Ordinance to provide that a certificate that a person, who is charged with an offence of transporting unauthorized entrants, was the owner or captain of the ship involved, should be related to the date of the alleged offence.

Since this Bill will enable subordinate ranks of the Immigration Service to perform some of the functions under the Immigration Ordinance that are currently being performed by senior ranks of the Service, there will be some saving, which it is not possible to estimate, in public expenditure in the long term. There will be no significant increase in staff.