A234
Ord. No. 42/82
Amendment of
section 13B.
Addition of new section 13BA.
IMMIGRATION (AMENDMENT)
(ii) issue a warrant authorizing the detention of su
person in such refugee centre as he may specify the warrant.
(6A) Where the Director certifies that it is necessary in the interests of order or good management in any refugee centre that a Vietnamese refugee permitted under this section to remain in Hong Kong (whether he was so permitted before or after the commencement of the Immigration (Amendment) Ordinance 1982) be detained, he may issue a warrant authoriz- ing the detention of such person in such other refugee centre as he may specify in the warrant.
(6B) A certificate purporting to be signed by the Director stating that it is necessary in the interests of order or good management in any refugee centre that a Vietnamese refugee permitted to remain in Hong Kong should be detained, shall be conclusive evidence of that fact.";
(d) in subsection (7) by inserting after "(6)" the following-
"or (6A)";
(e) in subsection (8) by inserting after “(6)” the following—
"or (6A)"; and
(f) by inserting after subsection (8) the following subsections-
"(9) Any person detained under this section may be detained in a refugee centre designated by the Secretary for Security under section 13C as a refugee centre for the deten- tion of Vietnamese refugees.
(10) Any person detained under this section shall (unless the Secretary for Security otherwise orders) remain in deten- tion for so long as he remains in Hong Kong.
(11) Every person detained under this section shall be permitted all reasonable facilities to enable him to obtain any authorization required for entry to another state or territory or, whether or not he has obtained such authorization, to leave Hong Kong.”.
4. Section 13B of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "13A(6)" the following-
"or (6A)"; and
2
(b) in subsection (3) by deleting ", and where the warrant is varied
the period of detention shall not in any event exceed 28 days".
5. The principal Ordinance is amended by adding, after section 13B, the following section--
"Lawfulness of detention.
13BA. (1) For the avoidance of doubt it is hereby declared that any Vietnamese refugee deprived of his liberty by detention under section 13A(6) or (6A) shall be entitled to apply to the High Court, in order that that court may decide without delay on the lawfulness of such detention and order his release if the detention is not lawful.
(2) The jurisdiction, practice and procedure of the High Court relating to writs of habeas corpus ad subjiciendum shall apply in relation to such applications.".
}
I
6.
IMMIGRATION (AMENDMENT)
Ord. No. 42/82
A235
Section 13C of the principal Ordinance is amended- (a) in subsection (1) by inserting after "residence" the following-
"or detention";
(b) by deleting subsection (2) and substituting the following-
"(2) The Secretary for Security may make rules providing for the treatment, and control of conduct, of Vietnamese refugees in refugee centres and for the management and security of, and the maintenance of order, discipline, clean- liness and hygiene in, refugee centres, and different rules may be made in respect of different centres.";
(c) in subsection (3)(a)—
(i) by deleting "$100" and substituting the following---
"$500"; and
(ii) by deleting "7" and substituting the following- "28"; and
(d) by inserting after subsection (3) the following subsections-
"(4) Any refugee centre designated as a refugee centre for the detention of Vietnamese refugees shall be under the control and management of the Commissioner of Correctional Services and notwithstanding section 13A or 13D, any Vietnamese refugee detained therein may be removed by the Commissioner of Correctional Services from such refugee centre to any other refugee centre so designated.
(5) Without prejudice to the generality of subsection (2) rules made under that subsection in respect of any refugee centre designated as a refugee centre for the detention of Vietnamese refugees may provide for---
(a) the powers, duties, conduct and discipline of officers of the Correctional Services Department and other persons employed in refugee centres;
(b) the duties and powers of visiting justices;
(c) the conditions under which visitors may be allowed
to visit refugee centres.".
Amendment of section 13C.
7. The principal Ordinance is amended by adding after section 13C Addition of the following new sections-
"Detention pending decision as to permission
to remain in Hong Kong, or pending removal from Hong Kong.
13D. (1) As from 2 July 1982 any resident or former resident of Vietnam who arrives in Hong Kong not holding a travel document which bears an unexpired visa issued by or on behalf of the Director may, if he has not been granted an exemption under section 61(2), be detained under the authority of the Director in such place as the Director may specify pending a decision to grant or refuse him permission to remain in Hong Kong as a refugee or, after a decision to refuse him permission to remain in Hong Kong, pending his removal from Hong Kong.
(2) Every person detained under this section shall be permitted all reasonable facilities to enable him to obtain any authorization required for entry to another state or territory or, whether or not he has obtained such authoriza- tion, to leave Hong Kong.
new sections 13D and 13E.
No comments yet.
Private notes are available after approval.