ADVANCES
BOAT PEOPLE-
·
PS
YLORD GORONWY NOBERTS
PS/LR LUARD
PS/PUS
SIR A DUFF
MR CONTAZZI
MR WEIR
HD/UND
MR BIRT
HOME OFFICE
Gündenci /OID.
HONG JONG GOVERNMENT OFFICE
MR BURLEIGH
LONDON
(82A
HOME CARICE QUEEN ALE'S GALE
LUNAR HOUSE CRITIC
HD/4KCD
HD/HVD
ク
HD/REWS DEPT HD/SEAD
RESTRICTED
FM HONG KONG 101142Z JAN 79
TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE
TELNO.77 OF 10 JANUARY,
HKK 243
RECEIVED IN REGISTRY NO. 51
12 JAN1979
DESK OF INDEX
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Action en
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INFO IMMEDIATE HONG KONG GOVERNMENT OFFICE LONDON,
(82
M.1.P.T : LEGISLATION IN HONG KONG CONCERNING ORGANISED
TRAFFIC IN REFUGEES FROM VIETNAM.
1. THE HUEY FONG'' REMAINS AT ANCHOR OFF HONG KONG. THE HONG
KONG GOVERNMENT (H.K.G) TODAY INTRODUCED THREE ITEMS OF LEGISLATIO
TO TAKE IMMEDIATE EFFECT, IN ORDER TO DISCOURAGE SHIPS FROM ENTERING HONG KONG WITH REFUGEES ABOARD WHEN HONG KONG IS NOT THE FIRST PORT OF CALL OR WHEN THE SHIPS CONCERNED ARE PARTICIPATING
IN ORGANISED TRAFFIC IN REFUGEES FROM VIETNAM. THE LEGISLATION GIVES THE H.K.G ADDITIONAL POWERS TO ACT AGAINST OWNERS, MASTERS AND SHIPS INVOLVED SHOULD OFFENCES BE COMMITTED. THE THREE ITEMS
ARE DESCRIBED IN PARAS.2 TO 8 BELOW.
•
THE MERCHANT SHIPPING (AMENDMENT) BILL, 1979.
2. THIS INCREASES THE SANCTION OF IMPRISONMENT ATTACHED TO A
BREACH OF SECTION 34 OF THE MERCHANT SHIPPING ORDINANCE FROM SIX
MONTHS TO FOUR YEARS. UNDER THIS SECTION IT IS AN OFFENCE FOR A
VESSEL TO HAVE ON BOARD PASSENGERS IN EXCESS OF THE NUMBER
PERMITTED BY THE PASSENGER CERTIFICATE OR EXCESS PASSENGERS ON
AN UNCERTIFICATED SHIP.
3. CLAUSE 2 OF THE BILL ALSO INTRODUCES TWO REBUTTABLE PRESUMPTIONS TO FACILITATE PROSECTUION CF OFFENCES UNDER SECTION 34. PERSONS ON BOARD A VESSEL, OTHER THAN CREW MEMBERS AND INFANTS UNDER THE AGE OF ONE. ARE PRESUMED TO BE PASSENGERS AND A SHIP WITH PURE
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