TNAG-1618-FCO40-2226-Executive-Council-of-Hong-Kong-memoranda-and-minutes-of-meet-1987 — Page 176

G.F. 324

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applicants

under

the

Ordinance. This tribunal panel of

of adjudicators as Immigration Tribunal but different set of procedures.

Registration of

will

Persons

will consist of the same currently constitutes the will operate under a

29

The Immigration Tribunal is established under section 53F(1) of the Immigration Ordinance to determine appeals against removal orders.

The great majority of the appellants are illegal immigrants from China. The valid grounds for appeal are that the appellant has the right to land in Hong Kong or that on the day when the removal order was made, the appellant has

the Director of Immigration's permission to remain in Hong Kong. The practice and procedure of the Immigration Tribunal are prescribed

the Third Schedule

the Immigration Regulations. These are designed to avoid delays in repatriating illegal immigrants to China. For example, a person is required to serve a notice of appeal upon an immigration officer within 24 hours of being notified of the removal order and the Tribunal can dismiss without a hearing.

in

+

to

30

Although the ground for appeal for permanent identity card applicants is very similar to appeals to the Immigration Tribunal (ie. the appellant has the right of abode in Hong Kong) it is considered inappropriate that such appeals should be handled under the same procedural framework which is designed to deal with illegal immigrants. Consideration been given to use the Immigration Tribunal prescribing a more liberal set of procedures. the conclusion is that in the light of the persistent problem of illegal immigration on a significant scale, it is essential to keep the present practice and procedure of the Immigration Tribunal intact.

31

has

by

But

It is recommended that a separate tribunal should be established under the Registration of Persons Ordinance, operating on a different set of procedures, to determine an appeal from a person applying for a permanent

identity card who is aggrieved by a decision of a registration officer adverse to him. Clause 5 of the Registration of Persons (Amendment) Bill 1987 establishes such a tribunal, stipulates its jurisdiction and the ground for appeal and

and provides for a person's right to appeal. The time limit for appealing is 14 days in respect of persons living in Hong Kong and 90 days in the case of appeals arising from applications for permanent identity cards made outside Hong Kong. The detailed practice and procedure will be prescribed in the Regulations to be made by the Governor in Council under section 7 of the Ordinance (paragraph 27 above).

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