TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 77

GOVERMENT HOUSE HONG KONG.

WED 25 MAR 92 09:54

PG. 10

Note (6) :

(a)

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8

section 28 (detention pending

determination of an objection) : this

permits us to detain someone who has

legitimately lodged an appeal against

the decision of a public officer (e.g.

the decision not to grant him an

extension of stay) until his appeal is

decided. This is inconsistent with

Article 5(1) of the BOR) and has

never been used. We propose repealing

it;

(e) sections 29 (2) (b) and 31 (1) (b)

(detention for enquiry as to

deportation): these provisions allow us

to detain deportees for enquiries into

both their own and other people's

activities.

Detaining them for this

Article 5(1) reads: "Everyone has the

right to liberty and security of

person. No one shall be subjected to

arbitrary arrest or detention. No one

shall be deprived of his liberty except

on such grounds and in accordance with

such procedure as are established by

law.

M

CONFIDENTIAL