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4.
The Governor also proposes to amend the Immigration Ordinance to enable him to detain persons refused permission to land and who come from Vietnam for as long as this provision remains in force (it would be reviewed after six months) rather than for a maximum of two months as at present. The Governor is not required to obtain approval for amendments to this Ordinance, but I have nonetheless sought and obtain clarification of its purpose (Hong Kong telegram No 29). It is intended to deal with:
(a) Vietnamese refugees arriving in Hong Kong via China.
As you know, the Hong Kong Government are seeking, with our support, to persuade the Chinese authorities to agree that people in this category should return to China. There are now 834 in custody.and some have already
been held for nearly two months;
(b)
people who arrive on ships such as the Huey Fong. The text of the proposed amendment (Hong Kong telegram No 23) is attached together with a copy of the Immigration Ordinance. 5. The Governor has sought urgent approval for the amendments to the two shipping Ordinances so that the draft legislation may be considered by the Executive Council on 9 January and complete all stages in the Legislative Council on 10 January. Since the shipping experts in the Department of Trade see no objection, I recommend that we give our agreement. As regards the proposed amendment to the Immigration Ordinance, I recommend that we put down a marker that we would expect to be consulted before the proposed new powers are used against the refugees on board the Huey Fong; there could be criticism if refugees from this and similar ships were treated differently from other boat refugees.
6. I submit a draft telegram.
Rulughum
4 January 1979 Copies to:
PS/PUS
Sir A Duff
R JT McLaren
Hong Kong and General Department
Mr Weir
UND
MAED
SEAD
MVD
News Department
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