CONFIDENTIAL
布政司署
港下亞厘 畢靈道
GOVERNMENT
SECRETARIAT
LOWER ALBERT ROAD
HONG KONG
*** OUR Ref.: (62) in CR 42/2091/70 VI
Hkk 3413
* Your Ref.:
R. J. T. Mc Laren Esq.,
Hong Kong & General Department, Foreign & Commonwealth Office, London.
по візу з
Yn
9th July 1979
Dear Robur,
Self 14).
e
Under our Immigration Ordinance it is not specifically an offence to enter Hong Kong by sea without actually landing. In the circumstances of the big boat traffic from Vietnam it is necessary to remedy this defect and to deter the organizers of the refugee traffic, by introducing stiffer penalties. For this reason the Immigration (No. 3) (Amendment) Bill 1979 is being put to Executive Council tomorrow. This will be followed by an Order in Council creating a class of 'Vietnamese Prohibited Immigrants'. I attach copies of the Bill and Order, together with the Executive Council paper issued on 6th July.
2.
We hope to enact the Bill during the current legislative session and are working on an extremely tight timetable. The Bill will be published on 13th July, provided the Executive Council so advise. The first and second readings will be taken in the Legislative Council on 18th July, followed by the Committee Stage and the third reading on 1st August (the last meeting of Legislative Council before the recess)
3.
As you will see, the new penalties are extremely stiff with a maximum of life imprisonment and a $5 million fine on conviction on indictment for anyone arranging the passage of prohibited immigrants to Hong Kong. The penalty is justified by the rewards of racketeering. Life imprisonment is provided for in legislation concerning trafficking in narcotics and the inclusion in the new Bill of this penalty reflects the fact that trafficking in refugees is regarded as just as serious.
4.
Part VII B of the proposed amendment is principally designed to introduce sanctions against ships hovering outside Hong Kong waters and despatching refugees in small boats. We have some evidence that this may have been taking place, but no firm proof as yet. It is, however, a ploy which could be adopted on a large scale in order to avoid penalties under existing legislation.
15.
The provisions of Part VII B have been carefully drafted in terms of 'waters outside Hong Kong'. This does not specifically exclude Chinese territorial waters.
In practice, however, we accept China's 12-mile claim and we would not contemplate taking any action in Chinese waters except with the full knowledge and consent of the Chinese.
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CONFIDENTIAL
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