explanatory memorandum
This Bill amends the Immigration Ordinance as respects
residents and former residents of Vietnam.
2.
Clause 2(1) repeals and replaces section 13D(1) of the
Immigration Ordinance and adds three new subsections.
Section
13D(1) gives the Director of Immigration the power to authorize the
detention of any resident or former resident of Vietnam who arrives
in Hong Kong not holding a travel document bearing an unexpired visa
and who has not been granted an exemption from the visa
requirement. The section provides for detention in such place as
the Director may specify, pending a decision to grant or refuse the
person permission to remain in Hong Kong as a refugee or, after a
decision to refuse him permission to remain in Hong Kong, pending
The effect of clause 2(1) is that - LIʊm mong kong. ACEQVal
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(a)
(b)
(c)
(a)
the power to detain is expressed to exist regardless
of whether or not the person has requested permission
to remain in Hong Kong;
an immigration officer may specify the place of
detention;
the detention of a person is to be pending a decision
to grant or refuse him permission (of any kind) to
remain in Hong Kong or, after a decision to refuse
him such permission, pending his removal from Hong
Kong;
such detention shall not be unlawful by reason of the
period of detention if that period is reasonable having regard to all the circumstances; and
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