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PRINCIPLE THAT SHIPWRECK SURVIVORS RESCUED BY OCEAN-GOING
VESSELS SHOULD BE LANDED AT THE FIRST SCHEDULED PORT OF CALL.
HOWEVER, IT GIVES ADDITIONAL POWERS TO DEAL WITH OFFENCES WHICH
MAY BE COMMITTED BY UNSCRUPULOUS RACKETEERS INVOLVED IN THE
TRAFFIC OF REFUGEES FROM VIETNAM.
3. THIS IS NOT EMERGENCY LEGISLATION. ALTHOUGH IT WAS
INTRODUCED AND PASSED VERY QUICKLY THIS WAS DONE AFTER
CONSULTATION WITH HMG WHO SUPPORT THE MOVES TAKEN BY THE HKG.
4. THE LEGISLATION WAS NOT INTRODUCED TO DEAL WITH THE SPECIFIC
PROBLEM OF THE 'HUEY FONG'. THE HKG MAINTAINS ITS POSITION THAT THIS SHIP SHOULD NOT BE ALLOWED. TO ENTER HONG KONG BUT
SHOULD PROCEED TO ITS NEXT PORT OF CALL, KAOHSIUNG IN TAIWAN.
ADDITIONAL POINT
5. IF ASKED WHETHER THE LEGISLATION MEANS THAT THE MASTER OF
THE 'HUEY FONG' WOULD BE PROSECUTED IF HE ENTERED HONG KONG
WATERS (AND IF THE REFUGEES ABOARD WOULD BE DETAINED) YOU SHOULD
SAY THAT THE LEGISLATION COULD BE USED IN SUCH A CONTINGENCY
SEMI-COLON BUT THAT WHICH OF THE VARIOUS OPTIONS AVAILABLE TO THE
HKG UNDER EXISTING AND NEW LEGISLATION WOULD BE ADOPTED IS A
MATTER FOR DECISION BY THE HKG IN THE LIGHT OF SUBSEQUENT
DEVELOPMENTS.·
BACKGROUND
6. THE LEGISLATION GIVES THE HKG ADDITIONAL POWERS TO ACT
AGAINST OWNERS, MASTERS AND SHIPS INVOLVED SHOULD OFFENCES BE
COMMITTED. MAIN FEATURES ARE AS FOLLOWS.
7.
THE MERCHANT SHIPPING (AMENDMENT) BILL, 1979.
UNDER PRESENT LEGISLATION 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. THE NEW BILL INCREASES THE SANCTION OF
IMPRISONMENT FOR THIS OFFENCE FROM SIX MONTHS TO FOUR YEARS.
CLAUSE 2 OF THE BILL ALSO INTRODUCES TWO REBUTTABLE PRESUMPTIONS
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