TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 113

Enclosure No. 4

C379

IMMIGRATION (AMENDMENT) BILL

A BILL

To

Amend the Immigration Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Immigration (Amendment) Short title, Ordinance 1982.

2. Section 2(4)(a) of the principal Ordinance is amended by inserting Amendment of after sub-paragraph (ii) the following sub-paragraph-

"(iii) as a refugee under section 13A; or”.

3. Section 13A of the principal Ordinance is amended-

64

(a) in subsection (1), by inserting after "elsewhere" the following-

case of any such person who arrives in Hong after 2 July 1982 may order him to be refugee centre specified by the immigration

*

and, in the Kong on or detained in a officer":

(b) by inserting after subsection (4) the following subsection—

“(4A) Any Vietnamese refugee who remains in Hong Kong without the permission of an immigration officer beyond the period allowed by any limit of stay specified in any condition of stay in force in respect of him shall be deemed for the purposes of this Ordinance to have landed in Hong Kong unlawfully upon the expiration of such period."; (c) by deleting subsection (6) and substituting the following

subsections-

(of 1982.)

"(6) Without prejudice to section 41, where the Director is satisfied that any 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) has-

(a) contravened any condition of stay in force in respect

of him; or

(b) been found guilty in Hong Kong of an offence

punishable with a term of imprisonment,

he may-

(i) cancel or vary any condition of stay in force in

respect of such person; or

(ii) issue a warrant authorizing the detention of such person in such refugee centre as he may specify in 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.

section 2. (Cap. 115.)

Amendment of section 13A.