TNAG-2872-FCO40-4126-Hong-Kong-repatriation-of-ex-China-Vietnamese-illegal-immigr-1993 — Page 53

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

Arb.Det

"1(A)

(a)

(b)

The detention of a person under this

section shall not be unlawful by reason of the period of the detention if that period is reasonable having regard to all the circumstances affecting that person's detention, including

in the case of a person being detained pending a decision under section 13A(1) to grant or refuse him permission to remain in Hong Kong as a

refugee

(i) the number of persons being detained pending

decisions under section 13A(1) whether to grant or refuse them such permission; and

(ii) the manpower and financial resources

allocated to carry out the work involved in marking all such decisions;

in the case of a person being detained pending his removal from Hong Kong -

(i) the extent to which it is possible to make

arrangements to effect his removal; and

(ii) whether or not be the person has declined arrangements made or proposed for his

removal.

(1B)

The detention of a person under this section pending a decision under section 13A(1) to grant or refuse him permission to remain in Hong Kong as a refugee shall not be unlawful by reason that other persons (who may or may not have arrived in Hong Kong after the detainee) who were detained

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