"whatever be the limits of territorial waters in the international sense, it has long been recognised that for certain purposes, notably those of police, revenue, public health and fisheries, a state may enact laws affecting the seas surrounding its coasts to a distance seaward which exceeds, the ordinary limits of its territory" (per Lord Mac Millan in a Privy Council case in which Canadian legislation permitting arrest of ship hovering outside territorial water with dutiable goods was held lawful). And in this regard the British Government and the American courts have recognised as lawful the arrest outside territorial waters of mother ships whose boats were illegally fishing in territorial waters and carrying liquor ashore.**Nonetheless the limits of such extra territorial competence are unclear and it is largely for this reason that the provisions of Part VIIA and Part VIIB have been kept separate. It is also possible that it may not in the event be desired to keep Part VIIB in operation for as long as Part VIIA.
Croft v. Murphy 1933 AC at 162
*(The Araunah. - McNair Opinions Vol. 1. P.245; The Tenvu Naru v Alaska 129; Powers Provided to Officers in Command of Vessels The Grace and Ruby 283
20
FED 475
Section 58 of the Ordinance confers upon officers in command of Her Majesty's ships of war powers to seize and detain ships but not to tow and move them within Hong Kong waters. It is desirable that they should have such power and this is provided for by clause 6.
21
To deal with refugee ships within and outside territorial waters, reliance may have to be placed not only on Her Majesty's ships of war and auxiliary ships, but also upon private vessels used or chartered by the Government. The captains or persons in command of such ships will have to be provided with necessary powers, i. e. similar to those under section 58 for officers in command of Her Majesty's ships of war. Clause 7 provides for this.
Illegal Immigration from China
22
The mouting evidence of highly profitable rackets in bringing illegal immigrants from China and Macau to Hong Kong requires that sanctions and deterrents in the existing law should be re-examined. This is being done. Provision already exists to forfeit ships and vehicles. It is proposed to extend this provision to include other property including money, used to facilitate or procure the entry of illegal immigrants, as in the case of "prohibited immigrants" under new section 37H. Clause 5 of the bill provides for this. This is the only part of the bill which will apply initially to illegal immigrants from China and Macau.
G.S. 166
CONFIDENTIAL #