G.S. 166
XCC(82)1 CONFIDENTIAL 2 機密
Background
4
Three sets of provisions were introduced in 1979 to deal with the situation created by the influx of refugees from Vietnam and illegal immigrants from China and Macau, At that time it was hoped that the need for them would be short-lived.
5
Section 18(3) of the Immigration Ordinance removes the two months' restriction on an immigration officer's power to detain and remove a person who is refused permission to land and who was previously resident in Vietnam.
6
Parts VIIA and VIIB of the Immigration Ordinance deal with unauthorised entrants and special provisions relating to unauthorised entrants respectively. They provide more effective control and penalties for trafficking in unlawful immigration. Offenders are liable to be punished with a fine of up to $5 million and life imprisonment while the ship involved in conveying "unauthorised entrants" into Hong Kong is liable to forfeiture. Under section 37B of the Immigration Ordinance; orders have been made declaring persons from Vietnam, Macau and China to be unauthorised entrants (other than persons who either hold a current visa or have been granted permission to land by the Director of Immigration).
7
Sections 34A, 34B and 34C of the Merchant Shipping Ordinance also provide for the forfeiture of ships involved in carrying excess passengers.
Recent developments:
Illegal Immigrants from China and Macau
8
Control of illegal immigration from China has been greatly enhanced since the abandonment of the "reached base" policy on 23 October 1980 and the return of all arrested illegal immigrants to China. The enactment of legislation requiring the carrying of proof of identity and the production of a document of identity for inspection by an applicant for employ- ment has increased the difficulty of illegal immigrants attempting to live here. However, these measures, even though allied with a high level of operations by the security forces and improved physical barriers and communications, are not providing an absolute deterrent. Illegal immigration remains, and is likely to remain, a significant problem. In 1981, 7,530 illegal immigrants were arrested when attempting to enter Hong Kong, and a further 1,690 who had evaded security forces at the border were arrested sub- sequently. For the first nine months of 1982, the figures were 5,852 and 1,796 respectively, compared with 5,959 and 1,039 for the corresponding period in 1981. Until the identity card re- issue project to be launched in May 1983 is well under way its full impact as a deterrent to illegal immigration cannot be fully assessed,
9
Illegal immigrants and evaders from Macau numbered only 11 in the first nine months of this year compared with 32 in the same period in 1981.
CONFIDENTIAL ##
機密
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