od by (41. 6)
section!
decision about their clients was implemented were prevented from taking proper measures
in due time to protect their clients' interest, Thus, it was necessary for some lawyers
to make a (literally) elevanth hour application after 11.00 p.m. on Sunday, 16th Juna fo
Mr. Justice Li of the Supreme Court for an order to prevent removal of two refugees who
claimed the right to land in Hong Kong. If proper advanca notice had been given, tha
legal rights, if any, of each refugee could have been properly examined, and if nacessary,
sattled by the Courts, in normal working hours.
Tha legal position of the ship which is said to have brought the rafugeza from -
Vietnam toward Hong Kong is also curious because of the self-contradictory provisions of
Section 47(1) of the Immigration Ordinance. This Sectionmys:
"47(1)
Where the captain of a ship not exceeding 250 gross tona is guilty
of an offence under Section 38(4) or Section 39, the ship shall be liable to
forfeiture, whether or not the captain is convicted in respect of such offence,"
This means that the right to forfeit the ship depends on the captain being "guilty of an
offence"; yer the ship may be forfeited even if the captain is not convicted in rospect of
such an offence. Laymen as well as lawyers may well ask how it can be shown that the
captain is "guilty of an offence" if he has not been "convicted"; to daubt the Attumoy
General could explain! Fortunately the Hong Kong Courts will not at present be required to solve the problem, Since the Hong Kong Government has prevented Itself from
prosecuting the Captain of the ship by removing from Hong Kong the very refugcse who aro
required to give evidence against him.
be
However, I would not/unduly critical of the powers exercised by the Director
of Iminigration in the present casa nor of thio munner in which they were oxorcised, Indiar
I have considerable sympathy with his and the Government's difficulties. No pridont
person concerned for the good Goverment of Hong Kong could deny that the Colony's
population problém, its subtle political balance, its delicate economic situation and
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