XN000022-1979-07-26 — Page 2

THURSDAY, JULY 26, 1979

PROPOSED AMENDMENTS TO IMMIGRATION ORDINANCE

TO DEAL WITH TRAFFICKING IN PEOPLE ILLEGALLY ENTERING HONG KONG

******

THE GOVERNMENT PROPOSES TO REINFORCE THE IMMIGRATION ORDINANCE BY CREATING NEW OFFENCES WITH APPROPRIATE PENALTIES TO DEAL MORE EFFECTIVELY WITH THOSE WHO ORGANISE FOR PROFIT THE ILLEGAL ENTRY OF PEOPLE INTO HONG KONG.

THE IMMIGRATION (AMENDMENT) (NO. 3) BILL 1979 WHICH WILL BE PUBLISHED IN THE GOVERNMENT GAZETTE TOMORROW (FRIDAY), EMPOWERS THE GOVERNOR IN COUNCIL TO DECLARE ANY CLASS OR DESCRIPTION OF PERSONS WHO HAVE NO RIGHT TO ENTER HONG KONG, TO BE UNAUTHORISED ENTRANTS.+

ONCE SUCH A DECLARATION IS MADE, IF A SHIP ARRIVES IN HONG KONG WITH UNAUTHORISED ENTRANTS ON BOARD, THE OWNER, AGENT, CAPTAIN, CREW AND ANY PERSON WHO MADE ARRANGEMENTS FOR THE VOYAGE OF THE SHIP, WILL, SUBJECT TO CERTAIN DEFENCES, BE LIABLE TO HEAVY PENALTIES.

PERSONS WHO ASSIST OR MAKE ARRANGEMENTS, IN HONG KONG OR OUTSIDE, TO BRING UNAUTHORISED ENTRANTS TO HONG KONG, WILL,SUBJECT TO CERTAIN DEFENCES, ALSO BE LIABLE TO HEAVY PENALTIES.

SIMILAR PENALTIES ARE APPLIED IN RESPECT OF THE BRINGING OF UNLAWFUL ENTRANTS TO WATERS OUTSIDE HONG KONG'S TERRITORIAL WATERS, FROM WHICH THEY ARE LIKELY TO ENTER HONG KONG. IN ADDITION, THE BILL PROPOSES TO AUTHORISE THE EXERCISE OUTSIDE HONG KONG WATERS OF POWERS UNDER THE IMMIGRATION ORDINANCE WHICH ARE AIMED AT PREVENTING THE ENTRY OF SUCH PERSONS. THESE POWERS COULD BE USEFUL IN DEALING WITH FUTURE CONTINGENCIES.

MAXIMUM PENALTIES OF $5 MILLION AND LIFE IMPRISONMENT ON CONVICTION ON INDICTMENT ARE PROVIDED UNDER THE BILL.

THE BILL ALSO PROVIDES FOR THE FORFEITURE OF VESSELS AND OTHER PROPERTY, INCLUDING MONEY, USED TO FACILITATE THE ENTRY OF SUCH PERSONS OR BEING THE PROCEEDS OF SUCH ACTIVITIES.

IN ADDITION TO PROVIDING THE SANCTIONS MENTIONED, THE BILL WILL FACILITATE THEIR APPLICATION, FOR INSTANCE, BY MAKING APPROPRIATE PROVISION FOR TRANSFERRING THE BURDEN OF PROOF AND FOR THE PROOF OF CERTAIN MATTERS TO THE ACCUSED.

A GOVERNMENT SPOKESMAN TODAY (THURSDAY) STRESSED THAT PRESENT CIRCUMSTANCES REQUIRED STRONG DETERRENT MEASURES TO PREVENT AND TO PENALISE TRAFFICKING IN UNLAWFUL IMMIGRATION,

+SANCTIONS AGAINST THOSE WHO ORGANISE AND ASSIST IN UNLAWFUL IMMIGRATION, OFTEN IN RETURN FOR SUBSTANTIAL SUMS OF MONEY, ARE LACKING ESSENTIALLY BECAUSE UNDER THE IMMIGRATION ORDINANCE IT IS NOT UNLAWFUL TO ENTER HONG KONG BY SEA WITHOUT ACTUALLY LANDING, HE SAID.

THE SPOKESHN