TNAG-1089-FCO40-1339-Illegal-immigration-from-China-to-Hong-Kong-1981 — Page 43

CONFIDENTIAL

機密

ANTWALL..

2.

6.

The principal object of this Bill, accordingly, is

to make it clear that relevant sanctions in the principal

Ordinance do apply in relation to unlawful landing regardless

of whether the additional ingredients of a criminal offence

can be established.

3.

In addition the opportunity has been taken of

making 3 additional amendments. Clause 2(a) authorizes an

immigration officer or immigration assistant to examine a

person at any time if he has reasonable cause for believing

that such person has landed unlawfully.

4.

5.

(a)

(b)

Clause 5 amends section 18 of the principal Ordinance

to make it clear that a person refused permission

to land in any circumstances may be removed by

an immigration officer under section 18; and

to provide that such removal may only be effected

within 2 months of the date the person refused

permission actually landed in Hong Kong (instead

of 2 months of the possibly later date on which

he was refused permission to land).

Clause 7 introduces a new section to penalise the

assisting of unauthorized entrants to remain in Hong Kong on

a similar basis to that by which existing section 37D of the

principal Ordinance penalises the assisting of the passage of

unauthorized entrants to and within Hong Kong.

6.

The Bill has no financial or staffing implications.

CONFIDENTIAL #

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