TNAG-0662-FCO40-811-Legislation-on-immigration-in-Hong-Kong-1977 — Page 88

For discussion

-on 7th June 1977

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20 JUN 1977 NICC3U1

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XCR(77) 168..

Copy No

MEMORANDUM FOR EXECUTIVE COUNCIL

IMMIGRATION (AMENDMENT) BILL 1977

2

M. Within A step

in me wrong, Direction, I fear, but not

one to which we should take exception

Innexed for the consideration of Honourable Members

is the Immigration (Amendment) Bill 1977.

Introduction

2

2. Mr Rashford Legal

Adinia

to see

The prosecution of aiders and abettors of illegal immi- grants who land in Hong Kong contrary to section 38(1)(a) of the Immigration Ordinance is presently hampered because of the difficulty of proving to a court that the status of the person so aided and abetted is that of an illegal immigrant. An illegal immigrant who is himself prosecuted for the offence under section 38(1)(a) of landing in Hong Kong without permission must, by virtue of section 64 of the Ordinance prove that he has a status which entitles him to land in Hong Kong without permission, but this section cannot assist in the case of a prosecution for aiding, abetting, counselling or procuring the commis- sion by another of an offence under section 38(1)(a) or of conspiring to aid, abet, counsel or procure the commission by another of such an offence. In these circumstances the onus must rest with the Crown to prove that the person so aided, abetted, counselled or procured is an illegal immigrant.

Immigration (Amendment) Bill 1977

3

CA)

If enacted the bill as annexed will assist the Crown by providing for a certificate of the Director of Immigration to be intro- duced into any proceedings for an offence of this nature to the effect that the person aided and abetted has not the right to land in Hong Kong as provided in section 8, is not a crew member of an aircraft or a service-man and thereby exempt from the requirement of obtaining permission to land and has not been given permission to land under section 11. The new section 63A introduced into the principal Ordinance by the Immigration (Amendment) Bill as annexed would make such a certificate admissible in evidence without further proof and it would be prima facie evidence of the facts stated therein.

Public relations aspect

4

This inadequacy of the present law with regard to prose- cution of aiders and abettors of illegal immigration was revealed on

20%

G.S. 84

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