77.
On arrival in boats with other former residents of
Vietnam, ECVIIS are at first detained under S.13D. When it is established that they have come to Hong Kong after being settled in China, the ECVII is then examined under S.4 of the Immigration Ordinance, Cap.115 and refused permission to land in Hong Kong under S.11 of this Ordinance. S.18 of the Ordinance provides for summary removal and whilst awaiting summary removal they fall into the category of "persons who are to be removed from Hong Kong under S.18".
78.
At this point the administrative detention power conferred by S.32 of Cap.115 comes into play. S.32 as
relevant states
"32.
(1)
Detention pending removal or deportation. A person who is to be removed from Hong Kong
under section 18 or 13E.
(a)
may be detained until he is so removed, and may be so detained for not more than 48 hours under the authority of an immigration
officer and thereafter under the authority
of the Director
79. ECVII cases are notorious for the length of time taken to get clearance from the Chinese authorities for the return of
the ECVII under S.18.
80.
Detention decisions under S.32(1)(a) of the Immigration Ordinance, Cap.115 may not be immigration decisions protected
by S.11 of BORO as explained above.
81. Even so the detention of an illegal immigrant trying to enter Hong Kong, if done in accordance with these sections, is detention according to law and it can be tested in a court of law. It is not arbitrary and the use of the power in respect of illegal immigrants is sufficiently individualised in
Arb.Det
No comments yet.
Private notes are available after approval.