TNAG-0877-FCO40-1087-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 65

CONFIDENTIAL

See (62

46.

GR 150

CONFIDENTIAL

FM FCO 05190OZ JAN 79

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 13 OF 5 JANUARY

(37)

YOUR TELEGRAM NO 37: HUEY FONG

HKK 243/1

RECEIVED IN REGISTRY NO. 51

DESK

INDEX

No

#

8 JAN 1979

OF THE MERCHANT

1. YOUR PROPOSED WORDING OF NEW SECTION 34A(1) SHIPPING ORDINANCE PROVIDES FOR THE FORFEITURE OF A SHIP WHERE THE OWNER OR MASTER IS QUOTE GUILTY UNQUOTE OF AN OFFENCE WHETHER OR NOT HE IS CONVICTED OF IT. OUR SUGGESTED AMENDMENT WAS INTENDED TO GET ROUND THE DIFFICULTY OF PROVING GUILT IN THE ABSENCE OF CONVICTION. IN THE LIGHT OF YOUR EXPLANATION THE LEGAL ADVISERS HAVE AGREED TO DROP THIS PROPOSAL, BUT SUGGEST THAT YOU CONSIDER SUBSTITUTING QUOTE WHERE THE OWNER OR MASTER HAS COMMITTED AN OFFENCE UNQUOTE

FOR QUOTE WHERE THE OWNER OR MASTER .... IS GUILTY OF AN OFFENCE UNQUOTE.

2. WE HAVE NO OBJECTION TO THE PROPOSED INCREASES IN PENALTIES (PARAGRAPH 3 OF YOUR TELEGRAM UNDER REFERENCE).

OWEN

:

FILES

HE & GD (6)

UND

MAED

MVD

SEAD

NEWS D

PS

PS/LORD GORONWY-ROBERTS

FS/MR LUARD

PS/PUS

SIR A DUFF

MR CORTAZZI

MR WEIR

CONFIDENTIAL