HONG KONG
LEGAL REPORT
Enclosure No. 2
THE IMMIGRATION (AMENDMENT) ORDINANCE 1982
(No. 42 of 1982)
The main object of the Ordinance is to deter Vietnamese refugees from coming to Hong Kong by providing that those who arrive on or after 2 July 1982 may be detained in closed refugee centres pending their resettlement or departure from Hong Kong. The Ordinance also imposes stricter controls over refugees living in open refugee centres by providing that they may be detained in closed refugee centres if they contravene any condition of their stay, or are found guilty of an offence punishable with imprisonment, or if such detention is certified as necessary in the interests of order or good management in any refugee centre.
2*
Sections 5 and 7 add new sections 13BA, 13D and
13E to the principal Ordinance as follows
(a)
(6)
(၁)
3.
new section 13BA has been inserted to comply with Article 9(4) of the International Covenant on Civil and Political Rights;
new section 13D provides specific authority to detain unauthorized entrants from Vietnam who arrive on or after 2 July 1982 pending a decision to grant or refuse them permission to remain in Hong Kong as refugees or until they are removed from Hong Kong; and
new section 13E provides authority for the removal from Hong Kong of persons detained under section 13D irrespective of whether they have been formally refused permission to land in Hong Kong.
Before the Governor assented to the Bill in the name and on behalf of Her Majesty, the Attorney General advised that he could properly do so.
6 July 1982.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG.
Jany de
Acting Law Draftsman
Page 105Page 106
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