TNAG-1182-FCO40-1484-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-into-the--1982 — Page 119

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16.

The powers of detention provided under the proposed sections

13A(1), (9) and (10) and section 13D are for an indefinite period.

However, the proposed section 13A (11) would enable any refugee so

detained, and who so wishes, to leave Hong Kong. All reasonable

facilities would be provided to enable him to do so.

17.

Powers are provided under the proposed sections 13A (6) and 13A (6A)

to transfer certain refugees from open centres to closed camps. Under

these powers, any refugee who has contravened any condition of stay,

or who has been found guilty of any offence punishable with a term of

imprisonment, may by order of the Director of Immigration be detained

in a closed camp.

18. In addition, the Director may, by certification, detain any

refugee in a closed camp even though the refugee has not been proved

to have breached his conditions of stay or the law.

This power,

deliberately far reaching is an indication to refugees who are already

here that we intend to maintain better order in open refugee centres

in the future than some of them have been ready to accept in the past.

This power will be exercised by senior directorate members of the

Department and is limited to where they are satisfied that an order

in respect of a particular refugee is necessary in the interests of

order and good management in an open camp. There is also, an appeal

by way of review by the Secretary for Security. The legality of any

detention may thereafter be tested in the Courts and, at the Committee

stage, I propose to move an amendment making clear bevond argument that

this right remains open.

/para 19.