TNAG-0877-FCO40-1087-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 102

CONFIDENTIAL

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Mr Cortazi PS/Lord Goronwy-Robert

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RECEIVED IN REGISTRY 120. 51

5 JAN1979

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VIETNAMESE REFUGEES:

HUEY FONG

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1. The Huey Fong remains anchored just outside Hong Kong waters. The Hong Kong Government now accept that the chances of persuading her master to proceed to the ship's original destination, Kaohsiung in Taiwan, are minimal, particularly in the light of a report that the Taiwan authorities have confirmed that they will not accept the 2,700 refugees on board. possibility of moving the within Hong Kong waters;

They are therefore considering the Huey Fong to a more sheltered anchorage this would be the prelude to an eventual decision to allow the refugees to land temporarily pending re-

settlement elsewhere.

2. The Hong Kong Government regard it as essential that any decision to allow the Huey Fong to enter Hong Kong should be accompanied by measures to deter ships' owners, masters and others from taking part in the business of trafficking in refugees. The Governor has therefore proposed (Hong Kong telegram No 20) certain amendments to local laws designed to increase the Government's legal powers to act against such people.

3. Two of the local laws which he proposes to amend concern shipping matters where legislation requires the Secretary of State's approval. The proposals are:

(i) to amend the Merchant Shipping Ordinance to increase the

penalties attached to a breach of the provisions concerning the number of passengers which any ship may carry and to introduce a provision for the forfeiture of vessels where such offences are committed; and

(ii) to amend the Shipping and Port Control Ordinance by

adding a new penal provision to cover the possibility of beaching or scuttling a vessel within Hong Kong waters. The texts of the proposed bills (Hong Kong telegrams Nos 21 and 22) are attached together with copies of the relevant Ordinances. MAED have consulted the relevant shipping divisions in the Department of Trade who have no objection. They have also consulted the department's Legal Adviser who has suggested one small amendment.

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CONFIDENTIAL