TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 147

CONFIDENTIAL

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CONFIDENTIAL

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MKK 341/3.

13 JUL 979

COHEN M

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TELNO 525 OF 11 JULY,

DAVIES' LETTER OF 9 JULY TO MCLAREN: FIMIGRATION AMENDMENT (NO 3) BILL 1979.

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1. LEGAL ADVISERS WERE INITIALLY DOUBTFUL ABOUT THE EXTRA TERRITORIAL PROVISIONS INCORPORATED IN THE BILL, HOWEVER, THEY ARE NOW SATISFIED THAT THESE PROVISIONS WOULD IN PRACTICE BE ADMINISTERED IN A WAY THAT WOULD NOT HAVE UNDESIRABLE INTERNATIONAL REPERCUSSIONS AND CAN DE JUSTIFIED AS AN EMERGENCY MEASURE OF LIMITED DURATION.

2. LEGAL ADVISERS SUGGEST THE FOLLOWING MINOR AMENDMENTS:

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A. CLAUSE 37 1 (3) (A) AFTER IMPOSED SUBSTITUTE UPON** FOR BY THE LAW OF "':

D. CLAUSE 37 1 (3) (A) (1) AND (11) DELETE ''BY ORDER IN COUNCIL' AND SUBSTITUTE 'OR' FOR 'AND':

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C. ADD NEW CLAUSE 37 1 3(A) (111) **CUSTOMARY INTERNATIONAL LAW**,

3. DOT CONSIDER THAT IN SECTION 37 ! (3) (9) PROVISION SHOULD BE MADE FOR HONG KONG TO BE REGARDED AS THE FIRST PORT OF CALL IF IT IS THE NEAREST FEASIBLE PORT OF REFUGE IN THE FOLLOWING . CIRCUMSTANCES:-

(4) THERE IS A RISK TO THE

(5) TRE LIVCS OF THE CREW, MRE IN DANGER:

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SHIP'S SAFETY DUE TO WEATHER CONDITIONS: PASSENGERS OR PROHIBITED IMMIGRANTS

(C) THERE IS A RISK TO THE SHIP'S SAFETY BECAUSE OF THE CARRIAGE OF HAZARDOUS CARGOES TOGETHER WITH PROHIBITED PANIGRANTS,

4. DOT WOULD LIKE TO KNOW IF LOCAL SHIPPING INTERESTS HAVE YET PEEN ADVISED OF THE PROPOSED AMENDMENTS AND IF SO, WHETHER THEY HAY SO ADVISE THE GENERAL COUNCIL OF BRITISH SHIPPING.

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