G.S. 166
機密
CONFIDENTIAL ##
XCC(79)74
Evidence by Certificate
23
Fage 6
Section 63A of the principal Ordinance provides that in relation to charges for aiding, abetting etc an offence under section 38(1), i.e. the unlawful entry or presence of illegal immigrants, evidence may be given by certificate of the Director of Immigration that the illegal immigrant does not have the right to land in Hong Kong or that he requires permission. Section 63A unfortunately does not extend to the very similar offences under sections 38(4) (which makes the captain and owner of a ship and the owner's agent, guilty of an offence if a person lands unlawfully from the ship) and section 39 (which makes the captain of a ship guilty of an offence if there is on board a person seeking to land unlawfully). It is considered that in relation to such other offences also, it should be permissible to give evidence by certificate as to the status of the person who lands or seeks to land unlawfully. Clause 8 of the bill provides for this.
Public Relations
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The activities of persons engaged in the carriage of Vietnamese refugees, in particular, need to be curbed and the public generally is likely to welcome the introduction of these new measures. However, it is possible that some members of the public may express concern at the extent of the powers.
25
The Director of Marine is arranging for shipping interests to be advised of the proposed amendments, through the various port advisory committees.
26
It is proposed that the bill should be passed this session.
Financial and Staffing Implications
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Where a ship or other property is seized, and the courts refuse to order forfeiture or the proceedings are abandoned in the light of new information, there may be a need for Government to compensate the owner (paragraph 10 above). Other than this, the proposed amendments carry no significant financial implications.
Advice Sought
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Honourable Members will be asked to advi se:
CONFIDENTIAL #2
No comments yet.
Private notes are available after approval.