Mr Fall

Defence Dept. (E322)

ROCIVED PA

HKK 34113

77 J8 1979

DESK OFFIC

NO. $1

22

AMENDMENTS TO THE HONG KONG IMMIGRATION ORDINANCE

1. I promised to let you see our file on this in view of MOD's continued concern about the Royal Navy's possibly being instructed to arrest vessels in international waters.

2. The relevant papers are folios 6, 7, 8, 9, 14A, 15A and 19.

3. You will see from folio 9 that both this department's and MAED's Legal Advisers were content not to advise again the enactment of the legislation. You will no doubt make this known to the MOD. You may also wish to make the following points:

(a) before MOD become too concerned about this legislation, it

might be helpful if the CBF, who as a Member of the Executive Council was aware of the proposals from an early date, could ascertain whether in practice the Hong Kong Government envisage the Royal Navy taking such action. My understanding is that Hong Kong see the legislation as being deterrent rather than something they will actually use;

(b) the legislation will expire at the end of next year unless

the situation requires that it be renewed;

and

(c) the likelihood of continued trafficking in Vietnamese refugees

in large ships with the connivance of the Vietnamese Govern- ment has reduced as a result of the recent meeting in Geneva.

27 July 1979

PJ Williamson

Hong Kong and General Department K242

233 4439

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