TNAG-2557-FCO40-3732-Hong-Kong-Bill-of-Rights-Immigration-(Amendment)-Bill-1992-1992 — Page 87

Explanatory Memorandum

The purpose of this Bill is to restrict the power of detention

and the effect of certain presumptions under the principal Ordinance.

2.

3.

Clause 2 amends section 13A to abolish the general power to

detain Vietnamese refugees and certain specific power to vary the

conditions of stay of and to detain by warrant a Vietnamese refugee.

Clauses 6, 7 and 12. amend sections 171(4), 17N and 37K(1) and

(2) to make the presumptions of certain facts more easily rebuttable.

Clause 8 repeals section 28, which provides for a power to

detain a person who has lodged an objection in relation to an act of

a public officer under the ordinance.

4.

5.

Clauses 9 and 10 amend sections 29(2)(b) and 31(1)(b)(i) so

that the power to extend the detention of a person for the purpose

of inquiries into activities is limited to inquiries into the

activities of the detained person and no one else.

6.

Clauses 3, 4, 5, 11, 13 and 14 contain consequential amendments.

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