C380
Amendment of section 13B.
4.
IMMIGRATION (AMENDMENT) BILL
(6B) A certificate purporting to be signed by the Directo 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”.
Section 13B of the principal Ordinance is amended-
(a) in subsection (1) by inserting after "13A(6)" the following "or (6A)"; and
(b) in subsection (3) by deleting and where the warrant is varied
the period of detention shall not in any event exceed 28 days”.
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 securities 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
6.
IMMIGRATION (AMENDMENT) BILL
Vietnamese refugee detained therein may be removed by the Commissioner of Correctional Services from such refugee centre to any other refugee centre so designated which is under the control of the Commissioner of Correctional Services.
(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.".
C381
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.
Removal from
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.
13E. (1) The Director may at any time order any Hong Kong of Vietnamese refugee or person detained in Hong Kong under section 13D to be removed from Hong Kong.
Vietnamese
refugees
and persons detained under section 13D.
7.
(2) An immigration officer may remove from Hong Kong in accordance with section 24 any person ordered to be removed from Hong Kong under subsection (1).".
new sections 13D and 13E.
Sections 24(1) and (4) and 32(1) and (4) of the principal Ordinance Amendment of are amended by inserting after "18" wherever it occurs the following-
"or 13E".
8.
Section 35 of the principal Ordinance is amended--
(a) in subsection (2) by deleting "The" and substituting the
following-
“Subject to this Ordinance, the";
(b) in subsection (3) by inserting after "immigration assistant" the
following-
", officer of the Correctional Services Department”; and
(c) in subsection (4) by inserting after "immigration assistant"
wherever it occurs the following-
", officer of the Correctional Services Department”.
sections 24 and 32.
Amendment of section 35.
Amendment of
5.
section 13C.
No comments yet.
Private notes are available after approval.