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each passenger over the number allowed by the passenger certificate.
The vessel is also liable to forfeiture.
4. A number of those involved in the HUEY FONG affair are currently
being tried unthis legislation. But it has not proved a sufficient deterrent: as the Americans pointed out to Mr Blaker during his visit to Washington, there is evidence that Hong Kong residents are
It is important involved in the organisation of the refugee traffic.
that the Hong Kong Government should have the necessary powers to
take vigorous action against such people.
5. Under the provisions of the Hong Kong Immigration Ordinance it is unlawful to land in Ilong Kong (ie enter by land or disembark from a ship or aircraft) without the permission of an immigration officer. But it is not an offence to enter Hong Kong by sea without actually landing, and this means that no sanctions are available against those who organise and assist the arrival of refugees in Hong Kong waters. The main purpose of the new legislation is to close this loophole. The Governor will be empowered to create
by order a class of "unauthorised entrants", which for the time being will include residents or former residents of Vietnam and Macao (the latter because of the growing problem of illegal
immigration from China via Macao).
There is no intention to take
action against the refugees themselves but the entry into Hong Kong of any ship carrying unauthorised entrants will render the crew (including the captain), the owner and his agent and any other
person found to be involved in the arrangements guilty of an offence. The maximum penalties laid down are very severe and include
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