TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 73

CONFIDENTIAL

Matters excluded from the review

7.

There are two matters which we have

deliberately not covered

(A)

Part IVA (except for section 17E()}

This is being considered by the Law

Reform Commission (LRC) in the context

of police powers of stop and search.

LRC sub-committee has recommended

removing these provisions from the

Ordinance but without substantively

An

amending them. The proposal is to

consolidate them with similar provisions

from other ordinances, in a new

ordinance covering stop and search.

But

the LRC itself has yet to discuss this

and we believe that

Note (3) :

Section 17E empowers immigration

officials to examine people found

without proof of identity in order to

establish whether they are in Hong Kong

illegally or are in breach of conditions

of stay.

The Law Reform Commission

excluded it from the study because

examination in such circumstances would

clearly not be arbitrary.

CONFIDENTIAL

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