XN000022-1981-12-09 — Page 3

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WEDNESDAY, DECEMBER 9, 1981

+APART FROM OTHER CONSIDERATIONS, THE ACTIONS OF THOSE PARENTS OR RELATIVES WHO BUY THE SERVICES OF THESE SNAKEHEADS ARE SELFIS TO THE EXTREME, FOR THEY ARE REALLY ATTEMPTING TO JUMP THE LONG QUEUE WITHIN CHINA AWAITING LEGAL PERMISSION FOR THEIR RELATIVES OR CHILDREN TO ENTER HONG KONG, SAID MR GRIFFITHS.

+MOREOVER, THE THREAT IS OBVIOUS TO THE MEDICAL, EDUCATIONAL, SOCIAL WELFARE AND OTHER SERVICES OF HONG KONG WERE SUBSTANTIAL NUMBERS OF THESE RELATIVES AND CHILDREN ABLE TO AVOID THE QUEUE IN THIS WAY BY COMING ILLEGALLY TO HONG KONG,+

IN EXAMINING THE ADEQUACY OF OUR SANCTIONS AGAINST THE TRAFFICKERS WHO BRING IN THESE PEOPLE AND THOSE WHO AID AND ABET THEM, ONE AREA OF WEAKNESS HAD BEEN IDENTIFIED, HE SAID.

UNDER THE LAWS OF HONG KONG, HE EXPLAINED, A CHILD UNDER THE AGE OF SEVEN IS CONCLUSIVELY PRESUMED INCAPABLE OF COMMITTING ANY OFFENCE, AND THOSE BETWEEN THE AGES OF SEVEN AND 14 ARE PRESUMED TO BE INCAPABLE UNLESS IN THEIR INDIVIDUAL CASE THEY ARE PROVED TO HAVE THE INTENTION AND MENTAL CAPACITY TO DO SO.

ALTHOUGH SECTION 38(1) OF THE IMMIGRATION ORDINANCE MAKES IT AN OFFENCE TO LAND UNLAWFULLY IN HONG KONG, IT FOLLOWS THAT IN THE CASE OF CHILDREN IT IS IMPOSSIBLE IN SOME CASES AND DIFFICULT IN OTHERS TO PROVE IN LAW THAT THEY HAVE COMMITTED THIS OFFENCE - EVEN THOUGH IT MAY BE EASY TO PROVE THEY ARE UNLA ULLY IN HONG KONG.+

THE STATUTORY POWER IN SECTION 19(1)(B) OF THE IMMIGRATION ORDINANCE TO EFFECT REMOVAL OF ILLEGAL IMMIGRANTS FROM HONG KONG, HE NOTED, WAS DEPENDENT UPON BEING ABLE TO PROVE THAT THEY HAD COMMITTED THE SECTION 38(1) OFFENCE OF UNLAWFULLY LANDING IN HONG KONG.

+MOREOVER MANY OF THE SANCTIONS AGAINST SUCH ILLEGAL LANDINGS, LIKE THE FORFEITURE OF SHIPS AND VEHICLES AND EVIDENTARY PRESUMPTIONS, HAVE AT VARIOUS TIMES IN THE PAST, FOR CONVENIENCE IT WOULD SEEM, BEEN TIED TO THE COMMISSION OF AN OFFENCE UNDER SECTION 38(1).

+ IT FOLLOWS, THAT SO FAR AS CHILDREN ARE CONCERNED, THERE ARE LEGAL DIFFICULTIES IN PROSECUTING THOSE WHO BRING THEM HERE, AND INDEED ALSO IN EFFECTING THEIR REMOVAL, HE SAID.

THE BILL REMEDIES THAT SITUATION AND DOES SO LARGELY BY DELETING REFERENCE TO THE COMMISSION OF AN OFFENCE UNDER SECTION 38(1) AND SUBSTITUTING INSTEAD REFERENCE TO LANDING UNLAWFULLY IN HONG KONG, HE EXPLAINED.

MR GRIFFITHS SAID THE OPPORTUNITY HAD ALSO BEEN TAKEN TO MAKE THREE OTHER AMENDMENTS TO THE ORDINANCE.

THE FIRST