CONFIDENTIAL
XCCI(92)3
13
evolved -
(a)
(b)
(c)
In view of this policy, the following three-pronged strategy has
enhancement of existing legislation;
enforcement operations in Hong Kong against targets on land; and
increased liaison with the PRC to co-ordinate action in Hong Kong and China.
Legislative Measures
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In the light of the serious smuggling problem when the ASTF was formed, legislation was enacted under the Import and Export Ordinance in April 1991. The Import and Export (Amendment) Ordinance 1991 created an offence of constructing, maintaining, or repairing a vessel for the purposes of smuggling; an offence of assisting in the export of unmanifested cargo; and, with the I & E (Carriage of Articles) Regulation 1991, created offences relating to the carriage of prescribed articles within Hong Kong waters. These prescribed articles are television sets, video cassette recorders and players, air-conditioners, refrigerators, vehicles and vehicle parts.
15
The effect of the new legislation, coupled with enforcement action in Hong Kong and China, initially produced a dramatic reduction in the use of high powered speedboats. However, during May, June and July of 1991 the smuggling syndicates relocated their bases of operation to China. They took some time to re-establish supplies, maintenance and moorings for the "daai feis" within China, but by August 1991 had successfully regrouped and the figures for FMT sightings resumed an upward trend. Meanwhile, shipyards previously producing “daai feis” began to produce "chung feis" that conform to Marine Department's construction and licensing regulations.
16
The fact that "chung feis" are constructed in Hong Kong and are in common use for commercial/leisure purposes makes controlling legislation difficult but the relevant Regulations are being examined. However, engines used to power both "chung feis" and "daai feis" are imported into Hong Kong and transported illegally to smuggling bases in China.
Executive Council