7.
As to Hong Kong we have taken advice from the Colony on the legal position there and we are advised that under section 11 of the Shipping and Port Control Ordinance 1978 (No 76) the Director of Marine has powers to refuse permission to any vessel to enter or leave Hong Kong; this would include any vessel carrying unwelcome refugees, whatever its nationality. Furthermore, as to the situation in which a vessel has entered Hong Kong harbour, we are advised that Section 7 of the Immigration Ordinance (c.115) authorises Immigration Officers to refuse permission to land to all persons other than those who have landing rights under other specified provisions of the Ordinance; so far as we can judge none of the latter provisions are relevant and the result appears to be that the refugees could be refused leave to enter Hong Kong from a vessel in harbour.
8.
As to the UK, the position is not the same. There is no statutory or other power on the lines of the Port Control Ordinance 1978 of Hong Kong to prevent vessels from entering the national waters of the UK in the circumstances which are envisaged. Apart from this, I am doubtful if the free exercise of this power would always be reconciliable with international law.
9. As to the situation in which a vessel carrying refugees has entered an UK port, I have already said that I do not think that the 1951 Convention as amended in 1967 requires the UK to admit them. The relevant law is in the Immigration Act 1971 and under section 3(1) of that Act a non-patrial person would include the Vietnamese refugees may not enter the UK unless he has leave to do so. Rules made under section 3(2) of the Act, which have to be laid before Parliament and have some legal force, indicate the policy for the administration of the Act.
10.
non-
which
Rules 55 and 65 of the 1973 Rules, made under Section 3(2) and applying to EEC and other Commonwealth Nationals, are relevant here. Rule 55 does state that "a passenger who does not otherwise qualify for admission should not be refused leave to enter if the only country to which he can be removed is one to
3.
CONFIDENTIAL
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