TNAG-2324-FCO40-3368-Hong-Kong-Bill-of-Rights-Vietnamese-boat-people-1991 — Page 114

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

GF 323

000

GOVERNMENT HOUSE

HUNG KUNG

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3-22 11:11

CONFIDENTIAL

機密

PHGE ØY

12

The Bill

declares,

for the avoidance of doubt,

that qetainees may be moved between detention centres.

also provides for the validation of decisions to

transrer that

delegation of

BI provides

may nave been taken without a proper

the authority to make such transfers. The

that, in future, a transfer on the grounds

good management in a detention centre may

only be made 1t the Director of Immigration certifies

сласт the transter is necessary on these grounds. In such

cases, the Bili provides a right of appeal against the

OI order ΟΙ

LLMUSICI.

13

The

amenaments

opportunity is also taken to make minor

to various provisions.

Section 13F (8) is

amended to snow that all decisions of the Refugee Status

Review Board and not Just 1ts ultimate decision are

exempt from

intention of

review of appeal.

This was the original

the section but doubt has been cast on the

interpretation

during judicial review. Section 13H(6) is

amended to ensure the continued validity of regulations

permitting detainees to be absent from detention centres

whlist continuing an legal custody. These allow for

necessary absences under the superintendent's discretion

occasions as nospital visits. Section 53(8) is

ΤΟΥ

sucn

amendea CO таке inco account

the new procedures for

appeals

against

noted above.

transier introduced into section 13D as

CONFIDENTIAL

機密

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