TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 208

GR 425

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG 1009137 JUL 79

HKK 341

1 1

DESK OFFIC21

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TO IMMEDIATE FOREIGN AND COMMONWEALTH OFFICE

TELNO.962 OF 10 JULY,

INFO HONG KONG GOVT OFFICE LONDON.

8

DAVIES' LETTER ( (62) IN CR 42/2091/70 VI) OF 9TH JULY, see 1

TO MACLAREN, HKGD.

IMMIGRATION (AMENDMENT) (NO.3) BILL.

1. THE EXECUTIVE COUNCIL CONSIDERED THE MEMORANDUM AND THE DRAFT IMMIGRATION (AMENDMENT) (NO.3) BILL TODAY. GENERALLY THEY SUPPORTED THE INTRODUCTION OF LEGISLATION ON THE LINES PROPOSED BUT IN DOING SO FOUR POINTS EMERGED.

L

2. THEY WERE:-

A) NEW SECTION 37H. THE POLICY CONSIDERATION FOR INCLUDING PROVISIONS TO AWARD COMPENSATION IN THIS BILL SHOULD BE

RECONSIDERED.

(B) PART VIIB. IT WAS ACCEPTED THAT PART VIIB PROVIDED AN IMPORTANT DETERRENT TO MOTHER SHIP OPERATIONS. WE REGARD IT AS IMPORTANT THAT WE SHOULD HAVE SUCH LEGISLATION IN EXISTENCE THOUGH WE WOULD ONLY SEEK TO IMPLEMENT IT AFTER CAREFUL CONSIDERATION OF ALL THE FACTORS, ESPECIALLY POLITICAL. IN INTERNATIONAL WATERS THE SITUATION WOULD PERHAPS BE EASIER, BUT WE RECOGNISE THAT ACTION COULD NOT BE UNDERTAKEN UNDER NEW SECTION 375 WITHIN CHINESE WATERS EXCEPT WITH THE AGREEMENT OF THE CHINESE AUTHORITIES. IT WAS AGREED WE SHOULD RETAIN THE RIGHT TO PROSECUTE PERSONS IN HONG KONG IN RESPECT OF ACTIONS BY A SHIP IN OTHER WATERS UNDER PART VIIB, BUT IT WAS ALSO APPRECIATED THAT PHYSICAL ACTION AGAINST SUCH A SHIP UNDER SECTION 37S COULD ONLY BE UNDERTAKEN BY THE ROYAL NAVY AND WITH M.O.D APPROVAL. EACH CASE WOULD BE CONSIDERED ON. ITS MERITS.

CONFIDENTIAL

/ (C) WE SHALL