TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 150

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Telegram No.

with Hei 341/3

to

Tel/1C (Cont.)

THE TERMS OF

THE AMENDED ORDINANCE ARE SUCH THAT

SHIPOWNERS ARE FACED WITH DRACONIAN PENALTIES. TE

IN PRINCIPLE

WELCOME / THEREFORE

THE PROVISIONS

FOR PARTICULAR AND

GENERAL DEFENCE UNDER SECTIONS 37C

AND 37 I

RESPECTIVELY.

However

SECTION 37C (2) (d) INTRODUCES

A DEFENCE

FOR THE

THEY

CONSIDER

SHOULD Laste BE

AGENT OR SHIPOWNER WHICH WE

EQUALLY

AVAILABLE TO THE MASTER AND CREW MEMBERS.

THIS

IN THE BEST POSITION FOR

IT SEEMS SENSIBLE THAT THE LATTER SHOULD HAVE

DEFENCE SINCE THEY ARE INFORMING THE DIRECTOR OF THE PRESENCE ON BOARD OF

PROHIBITED IMMIGRANTS

SECTION 37) 37 I (1) INTRODUCES A DEFENCE WHICH

IS RELATED TO

THE

TRANSPORT OF

"PROHIBITED IMMIGRANTS"

TAKEN ON BOARD PURSUANT TO LEGAL OBLIGATIONS TO

THOSE IN DANGER OF BEING LOST AT SEA, WE

RESCUE THOSE

HAVE TWO POINTS TO RAISE :

A) DUE TO CIRCUMSTANCES BEYOND THE CONTROL OF THE

MASTER AND SHIPOWNER

IT MAY WELL BE THAT THE

SHIP HAS REFUGEES ON BOARD WHEN ENTERING HONG KONG AS A SUBSEQUENT PORT OF CALL TO HER FIRST PORT OF CALL (WHETHER DEFINED AS FIRST SCHEDULED PORT OF CALL OR NEAREST FEASIBLE LANDING PLACE), AN EXAMPLE

11

IS NORSE VIKING WHOSE FIRST PORT OF CALL WAS

WHAMPOA.

THE CHINESE REFUSED DISEMBARKATION WAS AND

REFUGEES WERE

EVENTUALLY DISCHARGED IN JAPAN WHICH WAS THE SECOND SCHEDULED PORF OF CALL, WE WOULD LIKE TO SEE "FIRST PORT OF CALL" DELETED FROM

DO NOT TYPE ON REVERSE OF THIS FORM

Signature of Originator

EACH SHEET to be signed by the Originator

V819

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