TNAG-1618-FCO40-2226-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 175

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(d)

to establish a Registration of Persons Tribunal to deal with appeals relating to the right of abode in Hong Kong, to identify its jurisdiction, to stipulate the right of appeal and to provide for its practice and procedure. to be prescribed by regulations to be made by the Governor in Council. Detailed

justification for the tribunal is set out in paragraphs 28 to 33 below.

in

Clause 10 and 11 replace the existing sections 7B and

and 7C (these provisions deal with the 1983-87 identity card replacement exercise which has been completed) by new sections to provide the statutory framework necessary for another identity card replacement programme from 1 July 1987. These provisions are, in essence, the same as in the first exercise, that is asking identity

identity card holders specified age and sex groups to come forward to have their cards replaced and progressively declaring existing cards invalid. But the power to make orders to call upon any category of identity card holders by phases to apply for new cards and to declare old cards invalid will be transferred from the Governor to the Secretary for Security, with the aim of reducing calls on the Governor's time on a fairly routine procedural matter.

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Amendments to

Clauses 6 to 9 make consequential amendments to the Ordinance as a result of the foregoing proposals. Clause 12 deletes section 8 which has become obsolete.

the existing Registration of Persons Regulations to provide for detailed matters relating the issue of permanent identity cards will be made by the Governor in Council under section 7 of the principal Ordinance after the Registration of Persons (Amendment) Bill 1987 has passed into law.

Registration of Persons Tribunal

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In view of the importance attached to the permanent identity card which shows the holder's right of abode in Hong Kong, the Executive Council advised that an appeal procedure should be provided for applicants for permanent

identity cards. Consideration has been given to extending the jurisdiction of the Immigration Tribunal to include the determination of appeals against decisions that a person does not have the right of abode in Hong Kong. But for the reasons set out in the following paragraphs, it is proposed to establish a separate tribunal to hear appeals from permanent identity card

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