1964_IMMIGRATION_ORDINANCE — Page 22

1989 Ed.]

Immigration

[CAP. 115

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(8) The Director may at any time cancel a warrant of detention issued under subsection (6) or (6A) and direct that the Vietnamese refugee detained under the warrant be released. (Amended 42 of 1982 s. 3)

(9) Any person detained under this section may be detained in a refugee centre designated by the Secretary for Security under section 13C as a refugee centre for the detention of Vietnamese refugees. (Added 42 of 1982 s. 3)

(10) Any person detained under this section shall (unless the Secretary for Security otherwise orders) remain in detention for so long as he remains in Hong Kong. (Added 42 of 1982 s. 3)

(11) Every person detained under this section shall be permitted all reasonable facilities to enable him to obtain any authorization required for entry to another state or territory or, whether or not he has obtained such authorization, to leave Hong Kong. (Added 42 of 1982 s. 3)

13B. Appeals against warrants of detention

(1) Any Vietnamese refugee against whom a warrant of detention under section 13A(6) or (6A) has been issued may appeal to the Secretary for Security against the warrant. (Amended 42 of 1982 s. 4)

(2) A Vietnamese refugee who wishes to appeal under subsection (1) shall serve written notice of appeal, stating his grounds of appeal and the facts upon which he relies, upon an immigration officer or immigration assistant, within 48 hours of being notified of the warrant of detention under section 13A(7):

Provided that such notice shall not preclude such Vietnamese refugee from raising other facts prior to the determination of his appeal by the Secretary for Security or the Deputy Secretary for Security and relying upon those facts.

(3) An appeal under subsection (1) may be considered by the Secretary for Security or the Deputy Secretary for Security who may confirm, vary or cancel the warrant of detention. (Amended 42 of 1982 s. 4)

(4) A decision of the Secretary for Security or the Deputy Secretary for Security under subsection (3) shall be final.

13BA. Lawfulness of detention

(1) For the avoidance of doubt it is hereby declared that any Vietnamese refugee deprived of his liberty by detention under section 13A(6) or (6A) shall be entitled to apply to the High Court, in order that that court may decide without delay on the lawfulness of such detention and order his release if the detention is not lawful.

(2) The jurisdiction, practice and procedure of the High Court relating to writs of habeas corpus ad subjiciendum shall apply in relation to such applications.

(Added 42 of 1982 s. 5)

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