TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 152

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CONFIDENTIAL 機密

For discussion

on 10th July 1979

H.KK 341/3

XCC(79)74 37 Copy No Page 1

26

MEMORANDUM FOR EXECUTIVE COUNCIL

IMMIGRATION (A MENDMENT) (NO 3) BILL 1979

JPA

of 80

1377

A

Introduction

The basis for control of immigration under the principal Ordinance is that it is unlawful to land (i. e. enter by land or disembark from a ship or aircraft) without the permission of an immigration officer. Coupled with the powers of removal and deportation, this is adequate in the normal circumstances of travel by air or sea or across the border.

2

However, this control has proved to be inadequate in the context of the present influx of refugees from Vietnam, specifically because it is not an offence to enter Hong Kong by sea without actually landing. While it may be neither appropriate nor practicable to make the mere entry into Hong Kong waters by refugees in the present circumstances an offence, this is certainly not the case with respect to those persons who organise and assist their arrival, often in return for substantial sums of money. Sanctions against these persons are lacking essentially because it is not unlawful for refugees to enter Hong Kong. The object of the bill, at Annex A, is to provide such sanctions.

Prohibited Immigrants

3

It is therefore proposed to make provision for the declaration of "prohibited immigrants" by the Governor in Council who would be refused permission to land in Hong Kong. New section 37B provides for this by empowering the Governor in Council, by order, to declare that any class or description of persons, referred to as "prohibited immigrants", are refused permission to land in Hong Kong. Such an order would not apply to persons who have the right to land in Hong Kong under section 8(1) of the principal Ordinance (e. g. Hong Kong belongers).

B

4

The order, attached at Annex B, proposes the creation of a class of "Vietnamese Prohibited Immigrants".

5

Once the declaration of a class of prohibited immigrants is made, the bill proposes that the entry into Hong Kong of any ship carrying prohibited immigrants should render the crew, including the captain, the owner and his agent and any person who participates in making the

G.S. 166

CONFIDENTIAL

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