also be an offence to possess a travel document if a false statement was made in connexion with an application for its issue.
но
24.
Forfeiture of Vehicles and Ships. The provisions for the forfeiture of vehicles and ships have been revised and follow substantially the corresponding provisions of the Import and Export Ordinance 1970. In particular, a court is given a discretion with respect to forfeiture.
25.
Powers of Officers of Her Majesty's Ships. For many years, officers of Her Majesty's ships have been authorized by emergency regulations to exercise powers under the immigration law. Section 58 confers on them such powers as they require and so permits the revocation of the emergency regulations.
26.
Proof. Section 64 places on a person who claims any of the specified matters the burden of establishing the same. All these matters are peculiarly within the knowledge of a claimant.
27.
A Comparative Table is annexed showing the source of various provisions of the Ordinance.
28.
In my opinion, it could be said that paragraphs 8 and 9 of Clause XXVI of the Hong Kong Royal Instructions 1917 to 1971 apply to some of the provisions of the Bill and that consequently the Governor should not assent to the Bill unless he had previously obtained the instructions of the Secretary of State.
29.
A copy of the proposed Bill was first sent to the Foreign and Commonwealth Office under cover of a letter dated 19th October, 1970. Comments on the Bill were sent by the Secretary of State in a letter dated 18th February, 1971. The Governor replied (Saving Despatch No. 406 dated 24th May, 1971), proposing various alterations to meet the comments of the Secretary of State. Further amendments were proposed by the Secretary of State in his Telegram No. 628 of 1st September, 1971. These were inserted in the Bill, as modified by the Governor's Telegram No. 648 of 10th September and Secretary of State's Telegram 686 of 17th September. During the passage of the Bill, authority was sought for further changes in the Governor's Telegram No. 722 of 30th September, 1971 and agreed by the Secretary of State In his Telegram No. 740 of 5th October, 1971.
30.
In these circumstances, Cadvised His Excellency the Governor, before he assented to the Bill, that he might properly do
so.
+27
19th October, 1971.
ATTORNEY GENERAL'S CHAMBERS,
HONG KONG.
37
Deep Roberts
Attorney General.
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