TNAG-0860-FCO40-1070-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 26

CONFIDENTIAL # #

HKK. 1975.

4

For discussion

on 27th November 1979

2 2 NOV

Ал

XCC(79)105 23 Copy No Page 1

33

of 80

MEMORANDUM FOR EXECUTIVE COUNCIL

MERCHANT SHIPPING (A MENDMENT) ORDINA NCE 1979

IMMIGRATION (AMENDMENT) ORDINANCE 1979

A, B

I

At Annexes A and B for Members' consideration are two Legislative Council resolutions seeking to extend the life of the provisions of the Merchant Shipping (Amendment) Ordinance 1979 and the Immigration (Amendment) Ordinance 1979 respectively, for a further period of one year.

Background

2

On 9th January 1979, Members considered memorandum XCC(79)7 (copy at Annex C) and agreed, inter alia, that subject to certain amendments, the Merchant Shipping (Amendment) Bill 1979 and the Immigration (Amendment) Bill 1979 should be introduced into the Legislative Council, It was also agreed that the amendments would cea se to have effect on 31st December 1979, unless extended by resolution of the Legislative Council. The Executive Council decision is at Annex D. The two Ordinances were enacted on 10th January 1979.

3

The amendments to the Ordinances were made following the influx of Vietnamese refugees and experiences with the mv HUEY FONG which sought to enter Hong Kong with 3,318 refugees on board whilst on a voyage from Bangkok to Taiwan.

4

For the offence of vessels carrying excess passengers, the amendment to the Merchant Shipping Ordinance increased the maximum penalty from 6 months imprisonment to 4 years. It also provided for the forfeiture of the vessel involved.

G.S. 166

5

The amendments to the Immigration Ordinance removed the 2 months restriction on an immigration officer's power to detain and remove a person who is refused permission to land and who comes from Vietnam.

Developments since enactment of the amendments

6

After the arrival of the mv HUEY FONG, the mv SKYLUCK entered Hong Kong illegally with 2, 651 refugees on 7th February 1979 and mv SEN CN entered, without crew, on 26th May 1979 with 1, 433 refugees on board. The influx of Vietname se refugees reached a peak in June when 19, 651 arrived,

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CONFIDENTIAL

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