TNAG-0877-FCO40-1087-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 7

AGE OF ONE, ARE PRESUMED TO BE PASSENGERS AND A SHIP WITH BORE: THAN TWELVE PASSENGERS ON BOARD IS PRESUMED TO BE A

PASSENGER-

SHIP. THUS, IF A NON-CERTIFICATED SHIP BRINGS FASSENGERS INT HONG KONG WATERS AND THE MASTER AND/OR OWNER ARE PROSECUTED, THE

PRESUMPTIONS WILL APPLY UNLESS REBUTTED BY EVIDENCE SATISFYING THE COURT. THIS WOULD MEAN, FOR EXAMPLE, THAT IF A MASTER WHO IS PROSECUTED CLAIMS THAT HIS PASSENGERS ARE SURVIVORS OF A SHIPWREC

THE BURDEN OF PROVING THAT WILL BE ON HIM.

BEEKS

4. CLAUSE 3/SEEKS TO ADDS THREE NEW SECTIONS TO THE ORDINANCE,

PROVIDING FOR THE FORFEITURE OF SHIPS WHERE THE MASTER OR OWNER

IS GUILTY OF AN OFFENCE UNDER SECTION 34 AND SETS OUT IN

DETAIL

THE PROCEDURES TO BE FOLLOWED. BEFORE THE DIRECTOR OF MARINE

INITIATES THE FORFEITURE PROCEDURE IN ANY PARTICULAR CASE, THE

APPROVAL OF THE ATTORNEY-GENERAL MUST BE OBTAINED. THESE

FORFEITURE PROVISIONS EXPIRE AT THE END OF 1979 UNLESS SUBSEQUENTLY

EXTENDED. BY THE LEGISLATIVE COUNCIL.

THE SHIPPING AND PORT CONTROL (AMENDMENT) BILL, 1979.

5. THIS ADDS A NEW PENAL PROVISIONS TO THE SHIPPING AND PORT

CONTROL ORDINANCE UNDER WHICH ANY PERSON WHO WITHOUT REASONABLE

EXCUSE, DISABLES, ABANDONS, SCUTTLES OR BEACHES ANY VESSEL WITHIN HONG KONG WATERS COMMITS AN OFFENCE FOR WHICH HE MAY BE FINED UP TO DOLLARS 220,000 AND SENT TO PRISON FOR UP TO FOUR YEARS.

6. THE BILL ALSO INCREASES THE PENALTIES TO A SIMILAR LEVEL FOR

THE OFFENCE, IN SECTION 72, OF ENDANGERING THE SAFETY OF PERSONS

CARRIED ON A VESSEL.

THE IMMIGRATION (AMENDMENT) BILL, 1979.

7. UNDER SECTION 18(2) OF THE IMMIGRATION ORDINANCE, A PERSON

WHO IS REFUSED PERMISSION TO LAND IN HONG KONG MAY NOT BE REMOVED

BY AN IMMIGRATION OFFICER AFTER THE EXPIRY OF TWO MONTHS BEGINNING

WITH THE DATE ON WHICH HE WAS REFUSED SUCH PERMISSION. THIS PERD

IS CONSIDERED TO BE TOO SHORT IN RESPECT OF PERSONS FROM VIETNAM,

AND THE BILL LIFTS THE RESTRICTION FOR THE TIME BEING IN RELATION

TO SUCH PERSONS. CLAUSE 2 OF THE BILL REMOVES THE TWO MONTHS

LIMIT SO THAT PERSONS PREVIOUSLY RESIDENT IN VIETNAM CAN BE REMOV AFTER A LONGER PERIOD OF TIME AND DETAINED UNDER SECTION 32(1) IN

THE MEANTIME.

8. AS THIS IS A DEPARTURE FROM EXISTING IMMIGRATION PRACTICE THIS

MEASURE GEASES TO HAVE EFFECT ON 31 DECEMBER 1979, UNLESS THE LEGISLATIVE COUNCIL EXTENDS THE LIFE OF THE PROVISION BY RESOLUTC