Job Recruitment Website - Immigration policy - Can New Zealand handle administrative detention?
Can New Zealand handle administrative detention?
You can apply for immigration to New Zealand if you are under administrative detention.
Administrative detention refers to an administrative punishment imposed by statutory administrative agencies, specifically the public security organs, on persons who violate administrative laws and regulations to restrict personal freedom in a short period of time. The case-handling agency proposes detention opinions, which are submitted to the system's internal legal affairs department for review and approval, and then approved by the person in charge of the public security agency. Administrative detention should be notified to family members within 24 hours and a notice of administrative detention should be issued. If a detainee is dissatisfied with the punishment of detention, he or she has the right to apply for administrative reconsideration or administrative litigation. Administrative detention is the most severe administrative penalty and is usually applied to cases where serious violations of public security management do not constitute a crime and where warnings and fines are not sufficient punishment. Therefore, the law has strict regulations on its establishment and implementation conditions and procedures.
The power to adjudicate administrative detention belongs to the public security organs at or above the county level; the period is generally within 10 days, and in more severe cases, it shall not exceed 15 days; after the administrative detention decision is announced, during the period of application for reconsideration and administrative litigation, those who are punished If the person and his relatives find a guarantor or pay a deposit as required, they may apply to the administrative body to suspend the execution of administrative detention.
Article 21 of the "Public Security Administration Punishment Law of the People's Republic of China" If a person who violates public security administration has any of the following circumstances and should be punished with administrative detention in accordance with this law, administrative detention will not be implemented Punishment:
(1) Those who are over 14 years old but under 16 years old;
(2) Those who are over 16 years old but under 18 years old and violate public security management for the first time;
< p>(3) Those who are over 70 years old;(4) Those who are pregnant or breastfeeding their own babies under 1 year old.
Article 28 Violates national regulations, intentionally interferes with the normal operation of radio services, or causes harmful interference to normally operating radio stations (stations), and refuses to take effective measures after being pointed out by the relevant competent authorities If the case is eliminated, the person shall be detained for not less than 5 days but not more than 10 days; if the circumstances are serious, the person shall be detained for not less than 10 days but not more than 15 days. Article 33 Anyone who commits any of the following acts shall be detained for not less than 10 days but not more than 15 days:
(1) Stealing or damaging oil and gas pipeline facilities, electric power and telecommunications facilities, radio and television facilities, and water conservancy and flood control engineering facilities or hydrological monitoring, surveying, meteorological forecasting, environmental monitoring, geological monitoring, earthquake monitoring and other public facilities;
(2) Moving or damaging national border boundary monuments, boundary stakes and other border signs, border signs, etc. facilities or territorial or territorial sea marking facilities;
(3) Illegal activities that affect the direction of national (border) boundaries or the construction of facilities that hinder national (border) border management.
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