GR 3330

CONFIDENTIAL

75,

62

seel

CONFIDENTIAL

FM HONG KONG 090858Z JAN 79

HKK 243

RECEIVED IN REGISTRY MO. 51

9 JAN1979

DASK OF CER

INDEX

TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE No

TELNO.59 OF 9 JANUARY,

46

YOUR TELNO.13 : 'HUEY FONG''

tion

1. THE EXECUTIVE COUNCIL ADVISED THIS MORNING THAT THE THREE

AMENDING BILLS SHOULD BE INTRODUCED INTO THE LEGISLATIVE COUNCIL

ON THE 10TH JANUARY. IT IS THE INTENTION TO TAKE ALL THREE STAGES

OF THE BILLS ON THAT DAY AND THEN FOR ME TO GIVE MY ASSENT.

2. THE EXECUTIVE COUNCIL ADVISED THAT THE FOLLOWING CHANGES SHOULD

BE MADE TO THE DRAFT BILLS:

(A) THE MERCHANT SHIPPING (AMENDMENT) BILL 1979.

(1) THE MAXIMUM TERM OF IMPRISONMENT SHOULD BE INCREASED TO

FOUR YEARS ON INDICTMENT. A SUMMARY PROSECUTION WILL STILL HAVE

AN AVAILABLE MAXIMUM OF TWO YEARS IMPRISONMENT.

(2) BEFORE THE DIRECTOR OF MARINE TAKES STEPS TO COMMENCE THE

FORFEITURE PROCEDURE THE APPROVAL OF THE ATTORNEY GENERAL MUST

BE OBTAINED.

(3) THE FORFEITURE PROVISIONS ARE TO EXPIRE ON 31ST DECEMBER

1979 UNLESS EXTENDED BY RESOLUTION OF THE LEGISLATIVE COUNCIL.

COMMENT: THE REASON FOR SUCH PROVISION WAS THAT MEMBERS FELT THEY

MIGHT NEED LATER TO LOOK IN GREATER DETAIL AT AND POSSIBLE AMEND

THE FORFEITURE PROVISIONS. IT WAS GENERALLY AGREED THAT THE

LEGISLATIVE COUNCIL WOULD BE WILLING TO EXTEND THE ESSENTIAL PROVISIONS WELL BEFORE THE END OF THE YEAR.

CONFIDENTIAL

/ (B) THE

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