Following the sharp increase in illegal immigration from China, volunteer members of the Royal Hong Kong Regiment take part in patrols in the border area and elsewhere in the New Territories. Helicopters of the Royal Hong Kong Auxiliary Air Force, crewed by volunteer members, are also used for anti-illegal immigration duties. Clause 6 of the bill adds a new section 57C to the Ordinance to provide members of these two auxiliary forces with the powers to arrest illegal immigrants.
B
Powers of Officers in Command of
Her Majesty's Ships
8
Ocean-going vessels have been used in recent months to carry refugees from Vietnam to Hong Kong, as was demonstrated by the arrival of the 'Huey Fong' and the 'Skyluck'. In efforts to detect the arrival of similar vessels there may be occasions when officers in command of Her Majesty's warships and auxiliary ships need to board, search, and perhaps detain ocean-going vessels in Hong Kong waters. Section 58 of the Immigration Ordinance provides these powers but restricts their application to vessels not exceeding 500 gross tons and stipulates that the powers may be exercised only by officers in command of Her Majesty's warships. Clause 7 of the bill proposes to remove the tonnage restriction and to extend these powers to officers in command of auxiliary naval craft, which are now being used to patrol Hong Kong waters.
Senior Immigration Assistant
9
A new rank of Senior Immigration Assistant in the Immigration Department was created with the approval of the Finance Committee on 16th August 1978. The proposed amendment to section 2(1) of the Ordinance would have the effect of enabling Senior Immigration Assistants to exercise the same powers and perform the same functions as Immigration Assistants. Details of these powers and functions are given at Annex B.
Financial Implications
10
The amendments will not have any significant financial implications.
Public Relations Aspect
11
The amendment in clause 3 dealing with the detention provisions of the Ordinance is likely to arouse some public comment. It is not directed solely at illegal immigration from China, but this is the area
CONFIDENTIAL