TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 17

HONG KONG

LEGAL REPORT

Enclosure No. 2

IMMIGRATION (AMENDMENT) (NO. 3) ORDINANCE 1979

(No. 61 of 1979)

This Ordinance was submitted in Bill form to the Secretary of State under correspondence which concluded with telegram number FCO 251245Z JULY 79 recording approval of the intentions of the Bill.

2. There have been no significant changes since such approval but some alterations have been made to new sections 37H and 371.

3. New section 37H(2) now requires a court, in assess- ing compensation for seizure of a ship or other property, to have regard to the comparative blameworthiness of the persons specified therein and not only to the conduct of the owner and person in charge. It is considered that the conduct of the persons specified could have a vital bearing on the issue and that express reference to them should therefore be made.

4. New section 371(4) (b) incorporates into the legislation the concept of ports of refuge to permit ships to enter Hong Kong when in peril, but does so subject to the requirements that the Director of Marine should be informed of the nature of the peril at the earliest opportunity and that the Secretary for Security should grant permission for the ship to enter Hong Kong. These requirements are considered desirable in the light of experience in relation to the Colony's first port of call rule. They are designed to secure control while not denying refuge in genuine cases.

5. Before the Governor assented to the Bill in the name and on behalf of Her Majesty, I advised that he could properly do so.

3-d

August 1979.

ATTORNEY GENERAL'S CHAMBERS,

HONG KONG.

Frederick T. Jonst

Attorney General (Acting).