TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 45

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Reference

3.

The use

Youch a

power, and

very probably the

power itself, would be

hard to reconcile with

Article 5 BOR, which prohibits arbitrary detention, Given that the statutay power

statutay power in Hang kang

detain without charge

having committed murder

an

to

a person who is suspected of matter of probably

laots

a

hows (ar a few days at mast), it is hard to see how such

arbitrary power in relation to illegal immigrants could be defended

on the grounds of operational

necessity.

Section 32(4) would look much more ac

4.

the

5.

6.

CODE 18-77

acceptable if power of executie defertar were substantially reduced to a period comparable to that permitted to the police in relation to suspects, with longer peiods of detentar requiring the anthonty of a

coust.

The footnote to

convey

I am

para

6 does not adequately

the extent of the power in section 32(4).

puzzled by para 7(6), concerning

This is, I tchère

secten 13D of the ordinance. This is,

the section on

VBP which was amended

Cafter substantial debate between

Hk G and

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