TNAG-0895-FCO40-1105-Refugees-from-Vietnam-in-Hong-Kong-Vietnamese-boat-people-1979 — Page 175

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Mr Cortazzi

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VIETNAMESE REFUCEES: HONG KONG LEGISLATION

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Problem

1.

The

The Hong Kong Government plan to take further legal powers to deal with those involved in the refugee traffic. This will be done by means of amendments to the Immigration Ordinance. Governor intends to enact the new legislation on 1 August, the last day of the Legislative Council's current session. Recommendation

2.

While the Governor is not required to obtain FCO agreement to legislation about imnigration, the Minister of State will wish to be aware of the intention to strengthen the law relating to trafficking in refugees, and it would be helpful if he could indicate his support. I submit a draft telegram which should, if possible, issue by close of play on 25 July (to enable the bill to be gazetted on 27 July). DOT and the Legal Advisers agree. Background

3.

After the HUEY FONG arrived off Hong Kong at the end of last year the Hong Kong Government brought in legislation designed to deter large-scale trafficking in refugees. Under this legis- lation, the Hong Kong authorities have the power to search, and where appropriate seize vessels in Hong Kong waters if they are suspected of having been involved in refugee trafficking. The owner or master of a vessel found to have carried excess passengers for profit is liable to. imprisonment for 2 years and a fine of HK$ 10,000 (about £900), with an additional fine of HK$5,000 for

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