TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 50

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

14.

CODE 18-77

6

Reference

(ii) Amendments which make presumptions more

easily rebuttable;

These could be presented

as technical adjustments

to the rules of evidence at trial

a

(111) Repeal or modification of power of detentiai

of illegal immigrants

аг

There do not affect the powers to deport illegal immigrants; they merely reduce the grounds which such persons may be detained pending deportation. (I imagine that the change which might

para

concen

the Chinese most is that referred to in ara 8(e); modification of power to detain for inquiries into activities prejudicial to the

Secunity of Hong Kong)

If, for tactical reascus, it is decieled not to consult

a

or inform the Chinese of these amendments, I would think that it would be reasonable to defend such a decision on the basis that the chayes

are

mina, technical and

very

incidental to

the overall objectives of Hong Kay's immigration

legislation.

Till Banett

Assistant Legal Adviser

K174

3381

30/3/92

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