Copy No of 3
D. S. 5 RECEIVED
THE CAPTAIN-IN-CHARGE HONG KONG
120/4 (a)
23 SEP 1980
DE DEPRICE
Ministry of Defence
Director of Naval Warfare
HONG KONG OPERATIONS TO COUNTER ILLEGAL IMMIGRATION ENGAGEMENT
Reference:
3012
A. CB 0312 Guide to Maritime International Law.
3 September 1980
MARITIME RULES OF
1140
1. Enclosed is a copy of proposed joint "Rules of Engagement" for all Royal Naval, Army and Royal Hong Kong Police vessels engaged on operations here to counter illegal immigration. Also enclosed is an extract from the Hong Kong Immigration Ordinance showing Sections 57A, 58 and 58A which detail the powers of the Security Forces. Comment on the proposed Rules of Engagement is requested.
2. The RHKP are concerned about the legality of items 4 and 6 of Annex B of the Rules, since no Hong Kong Ordinance at present specifically authorises these procedures. They hold the view that further expansion of the Ordinance is required to legalise these actions. It is understood by CAPIC that a shot It is, across the bow is the normal method of inviting a vessel to heave to. of course, mentioned in paragraph 0809.2 of Reference A. CAPIC's view that further specific legislation is unnecessary is fully supported by the Assistant Director of Army Legal Services at Headquarters British Forces Hong Kong. He regards the procedure as the use of necessary force to exercise the power given by Sections 58 and 58A of the Ordinance.
3. It is not necessary to include Section 38(1) and parts VIIA and VIIB of the Ordinance which are referred to in the enclosures, let it just be said that Section 38(1) makes it an offence to land in Hong Kong without the permission of an Immigration Officer and the other provisions concern the use of vessels for illegal immigration purposes.
4. Provision has been made under Section 58A for those in charge of Army boats to have the necessary powers,
5.
The general law as to the use of force in Hong Kong to effect arrests is the same as that in Great Britain. Section 101A of the Hong Kong Criminal Procedure Ordinance is in similar terms to Section 3 of the Criminal Law Act of 1967.
5. It would be helpful to know of any statutory authority for the use of shots 8.6
in stopping ships in the manner described in items 4 and 6 of Annex B, particularly for ships on similar duties such as fishery protection in UK waters, and whether there are any decided cases relating to the practise.
Enclosures:
See over
Michash
A A WAUGH. Captain!
TVED
153736
SERIAN 1636:3.9...
FILE No.
1:
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