PHGE 04
AC:C
Legislation
c. Immigration Ordinace
YH
GUVI HUODE
дар
CONFIDENTIAL
3
Nature of Problem
Most of the problems arise from the fact that under the Ordinance decisions are taken by the executive branch of Government instead of the judiciary, for
a)
こう
b)
。
(d)
Legal advice which has been given
Offence provisions in Parts VIIA
and VIIB of the Immigration Ordinance relating to aiding illegal immigrants may contravene the presumption of innocence [BOR 11(1)}.
status of permanent residents - ma conflict with BOR 22 as racial criteria are involved.
s.17C(2): identity card checks on street- may contravene the right to liberty and / or right to privacy if checks are used for any purpose other than to ascertain whether person stopped holds a valid ID card.
Legal advice on other topics is pending.
Police powers of stop and search being examined by the Law Reform Commission. The control of public meetings and procession is being reviewed.
example in respect of deportation and removal orders, Others include onus of proof of innocence on defendants, discrimination on the basis of different ethnic/ nationality status, powers of officials in respect of arrest and detention, machinery for handling appeals against deportation decisions,
etc.
(c)
Public
1.
Eli Order Ordina
The contentious issues are:
(a)
stop and search powers
(b)
the control of public
meetings and processions
CouriDCNTUI
No comments yet.
Private notes are available after approval.