20
CAP. 115]
Immigration
[1989 Ed.
(4A) Any Vietnamese refugee who remains in Hong Kong without the permission of an immigration officer or a chief immigration assistant beyond the period allowed by any limit of stay specified in any condition of stay in force in respect of him shall be deemed for the purposes of this Ordinance to have landed in Hong Kong unlawfully upon the expiration of such period. (Added 42 of 1982 s. 3. Amended 65 of 1989 s. 3)
(5) A notice under subsection (2) or (4) shall be given to a Vietnamese refugee in such manner as may be prescribed.
(6) Without prejudice to section 41, where the Director is satisfied that any Vietnamese refugee permitted under this section to remain in Hong Kong (whether he was so permitted before or after the commencement of the Immigration (Amendment) Ordinance 1982 (42 of 1982)) has-
he may-
(a) contravened any condition of stay in force in respect of him; or (b) been found guilty in Hong Kong of an offence punishable with a term of imprisonment,
(i) cancel or vary any condition of stay in force in respect of such person; or
(ii) issue a warrant authorizing the detention of such person in such refugee centre as he may specify in the warrant. (Replaced 42 of 1982 s. 3)
(6A) Where the Director certifies that it is necessary in the interests of order or good management in any refugee centre that a Vietnamese refugee permitted under this section to remain in Hong Kong (whether he was so permitted before or after the commencement of the Immigration (Amendment) Ordinance 1982 (42 of 1982)) be detained, he may issue a warrant authorizing the detention of such person in such other refugee centre as he may specify in the warrant. (Added 42 of 1982 s. 3)
(6B) A certificate purporting to be signed by the Director stating that it is necessary in the interests of order or good management in any refugee centre that a Vietnamese refugee permitted to remain in Hong Kong should be detained, shall be conclusive evidence of that fact. (Added 42 of 1982 s. 3)
(7) Where the Director issues a warrant of detention under subsection (6) or (6A) he shall cause written notice to be served as soon as is practicable on the Vietnamese refugee against whom it is issued informing him (Amended 42 of 1982 s. 3)
(a) of the ground on which the warrant is issued; and (b) that if he wishes to appeal under section 13B he must do so by giving to an immigration officer or immigration assistant written notice of his grounds of appeal and the facts upon which he relies within 48 hours of receiving the notice of the warrant.
20
CAP. 115]
Immigration
[1989 Ed.
(4A) Any Vietnamese refugee who remains in Hong Kong without the permission of an immigration officer or a chief immigration assistant beyond the period allowed by any limit of stay specified in any condition of stay in force in respect of him shall be deemed for the purposes of this Ordinance to have landed in Hong Kong unlawfully upon the expiration of such period. (Added 42 of 1982 s. 3. Amended 65 of 1989 s. 3)
(5) A notice under subsection (2) or (4) shall be given to a Vietnamese refugee in such manner as may be prescribed.
(6) Without prejudice to section 41, where the Director is satisfied that any Vietnamese refugee permitted under this section to remain in Hong Kong (whether he was so permitted before or after the commencement of the Immi- gration (Amendment) Ordinance 1982 (42 of 1982)) has-
he may-
(a) contravened any condition of stay in force in respect of him; or (b) been found guilty in Hong Kong of an offence punishable with a
term of imprisonment,
(i) cancel or vary any condition of stay in force in respect of such
person; or
(ii) issue a warrant authorizing the detention of such person in such refugee centre as he may specify in the warrant. (Replaced 42 of 1982 s. 3)
(6A) Where the Director certifies that it is necessary in the interests of order or good management in any refugee centre that a Vietnamese refugee permitted under this section to remain in Hong Kong (whether he was so permitted before or after the commencement of the Immigration (Amendment) Ordinance 1982 (42 of 1982)) be detained, he may issue a warrant authorizing the detention of such person in such other refugee centre as he may specify in the warrant. (Added 42 of 1982 s. 3)
(6B) A certificate purporting to be signed by the Director stating that it is necessary in the interests of order or good management in any refugee centre that a Vietnamese refugee permitted to remain in Hong Kong should be detained, shall be conclusive evidence of that fact. (Added 42 of 1982 s. 3)
(7) Where the Director issues a warrant of detention under subsection (6) or (6A) he shall cause written notice to be served as soon as is practicable on the Vietnamese refugee against whom it is issued informing him (Amended 42
of 1982 s. 3)
(a) of the ground on which the warrant is issued; and (b) that if he wishes to appeal under section 13B he must do so by giving to an immigration officer or immigration assistant written notice of his grounds of appeal and the facts upon which he relies within 48 hours of receiving the notice of the warrant.
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