G.S. 84

For discussion

on 19th June 1979

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XCR(79) 138 Copy No.

MEMORANDUM FOR EXECUTIVE COUNCIL

32

175/5

HKK 175

Shipping and Port Control Ordinance 1978

CA

RECEIVED HE RAW NO. 51

SHIPPING AND PORT CONTROL (A MENDMENT) 4 JUN 1979

(NO 2) BILL 1979

DESK OFFICER

INDEX

No

21

RESKTRY

[Action

Annexed for the consideration of Honourable/Members is the Shipping and Port Control (Amendment) (No 2) Bill 1979.

2

The Shipping and Port Control Ordinance provides inter alia for the regulation and control of ports and of vessels using the waters of Hong Kong. Although officers of the Marine Department are normally responsible for enforcing this Ordinance, police and other public officers are also involved in the enforcement of certain specific provisions, such as the one empowering them to stop and board any vessel in the waters of Hong Kong for search and inspection. The Ordinance generally authorises any police officer of or above the rank of Station Sergeant to exercise such powers. It repealed provisions of the Merchant Shipping Ordinance giving the powers of enforcement to police officers of or above the rank of Sergeant. The raising of the rank from Sergeant to Station Sergeant was because the Commissioner of Police intended that all his launches would be commanded by Station Sergeants.

3

The Commissioner of Police has advised that, with the present demand on his marine police resources, he is having difficulty in finding Station Sergeants to command all his launches. He would therefore like the authorisation under the Shipping and Port Control Ordinance described above to be extended to Sergeants. The Shipping and Port Control (Amendment) (No 2) Bill accordingly amends the Ordinance to give the powers of enforcement to police officers of or above the rank of Sergeant.

Financial and Staffing Implications

4

None.

Public Reaction A spects

5

In view of the active role which police police officers play in counteracting the recent surge in illegal immigrant activities, the proposal should be generally acceptable to the public. The Director of Information Services and the Commissioner of Police will arrange suitable publicity upon the publication of the bill.

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