TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 72

CONFIDENTIAL

Since the BOR came into effect in June 1991,

we have taken advantage of the freeze period to examine

the Ordinance in detail in order to ascertain whether

any of its provisions need amendment to ensure

consistency with the BOR. In examining the Ordinance,

we have applied guidelines at Annex B.

Immigration policy

6.

The aims of immigration policy are to help

maintain the increase in permanent population at a

steady rate, and to prevent undesirable persons from

entering Hong Kong. The measures in the Ordinance were

designed to further these ains. Therefore, in

proposing changes in the light of the BOR, we have

taken care to ensure that our ability to meet these

objectives is not seriously compromised. We consider

it necessary, for example, to retain unamended

section 32(4)(*) even though its compatibility with

the BOR may be questioned. To amend it would

significantly weaken our ability to tackle syndicates

trafficking in illegal immigrants and violent crimes

committed by illegal immigrants. We think it better to

accept the possibility of a successful challenge than

voluntarily to remove or weaken this provision.

Note (2):

Section 33(1) allows illegal immigrants

to be detained to assist with the

investigation of offences or to give

evidence in the trial of other accused

persons.

CONFIDENTIAL

h