TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 105

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GUVERNIMENT HUUSE HUNG KUNG

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PHGE ØY

Faye

3.

(e)

the detention of a person pending a decision to grant

or refuse him permission to remain in Hong Kong shall

not be unlawful by reason that other persons

similarly detained were granted or refused such

permission in shorter time.

This

Clause 2(3) adds a new subsection to section 13D to put beyond

doubt the power of the Director of Immigration to transfer, from one

place to another, a person detained under the section.

provision is made retrospective to 16 June 1988, but without

prejudice to any pending legal proceedings (clause 1(2) and (3)).

4. Clause 2(4) adds three further subsections to section 13D. The

first provides that a person shall not be transferred from one

detention centre to another on the ground that his transfer is

necessary in the interests of order or good management unless the

Director of Immigration certifies this to be the case and the person

is informed in writing of the ground of transfer. The second is an

evidential provision. The third provides that transfers of persons

authorized before 25 May 1990 by a public officer other than the

Director of Immigration shall be deemed to have been made with the

authority of the Director.

5. Clause 3 adds a new section 13DĄ. This creates a right of

appeal in respect of a transfer of a person from one detention

centre to another where that transfer is certified to be necessary

in the interests of order or good management. The appeal is to the

person having control and management of the detention centre from

which the person was transferred.

Clause 4 amends section 13F (8) to make it clear that it applies

to any decision of a Refugee Status Review Board, not merely

decisions as to the status of an appellant or his continued

detention.

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