4. IF WE ARE GOING TO BE FORCED TO CLIMB DOWN, IT WILL BE ESSER,
" FOR PULITICAL REASONS LOCALLY AND AS A DETERRENT TO DISCOURAGE OTHER SHIPS PARTICIPATING IN ORGANISED RACKETS OF THIS SORT FOP US TO TAKE FURTHER LEGAL POWERS TO ACT AGAINST OWNERS, MASTERS
THE DES RAR- AND SHIPS INVOLVED GENERALLY AND ALSO THE HUEY FONG. ILITY OF DOING THIS WAS DISCUSSED IN EXCO ON 2 JANUAR. UNCFFICIALS FELT VERY STRONGLY THAT WE MUST TAKE ALL POSSIBLE
STEPS TO DETER OTHERS FROM ENTERING THIS BUSINESS.
Y
5. THE INFORMATION CONTAINED IN HANOI TELNO.110 REGARDING THE POSSIBILITY OF A FURTHER SHIP HAVING ALREADY LOADED REFUGEES OFF THE VIETNAM COAST WITH HONG KONG AS ITS DESTINATION ADDS FURTHER URGENCY TO THE INTRODUCTION OF AMENDING LEGISLATION.
6. WE HAVE, THEREFORE, CONSIDERED URGENT AMENDMENTS TO THREE ORDINANCES, THE TEXT OF WHICH FOLLOW IN MY THREE IMMEDIATELY, FOLLOWING TELEGRAMS.
7. THE AMENDMENT TO THE MERCHANT SHIPPING ORDINANCE INCREASES
THE SANCTION ATTACHED TO A BREACH OF SECTION 34 FROM SIX MONTHS
TC TWO YEARS. IT ALSO INCLUDES TWO REBUTTABLE PRESUMPTIONS FACILITATING THE FROSECUTION OF AN OFFENCE UNDER THAT SECTION AND INTRODUCES FORFEITURE PROVISIONS FOR VESSELS OF ALL SIZES APPLICABLE WHERE THE OWNER OR MASTER CUMMITS AN OFFENCE UNDER SECTION 34. THIS FOLLOWS THE PRECEDENT OF SECTIONS 47, 48 AND 50 OF THE IMMIGRATION ORDINANCE (CAP 115). ALSO THE IMPORT Hai
EXPORDINANCE (CAP ).
8. THE AMENDMENT TO THE SHIPPING AND PORT CONTROL ORDINANCE ADOS A NEW PENAL PROVISION TO COVER THE POSSIBILITY OF BEACHING OR SCUTTLING A VESSEL WITHIN HONG KONG WATERS.
9. THE AMENDMENT TO THE IMMIGRATION ORDINANCE WILL ENABLE US EFFECTIVELY TO DETAIN PERSONS WHO ARE REFUSED PERMISSION TO LAND AND WHC COMES FROM VIETNAM FOR THE PERIOD FOR WHICH THEA PROVISION IS IN FORCE RATHER THAN LIMITING IT TO TWO MONTHS UNDER THE PROVISIONS OF SECTION 18(2) OF THE PRINCIPAL ORDINAN
10. EVEN IF THE PROSPECTS OF REBUTTING A DEFENCE OF ASSISTAVCE TO SHIPWRECKED MARINERS MAY SEEM REMOTE THE CAPTAIN AND OWN" WILL NOT KNOW WHAT EVIDENCE THE CROWN HAS AVAILABLE. ACCORD SUCH A PROVISION AS THAT PROPOSED IN PARAGRAPH 7 WOULD HAVE SO
DETERNENT VALUE.
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