CONFIDENTIAL #2
37
Explanatory Memorandum
The object of this Bill is to enable more effective
action to be taken to prevent and to penalize trafficking
in unlawful immigration and the transportation to Hong Kong
of Vietnamese refugees. This is provided for almost entirely
in the new Parts VIIA and VIIB contained in clauses 3 and 4.
New sections 37A and 37B in new Part VIIA enable
the Governor in Council to designate classes of prohibited
immigrants. Under new section 37C if a ship enters Hong Kong
with prohibited immigrants on board, the owner, captain, crew
and agent, and the persons who organized the voyage, are all
guilty of an offence and liable to the very substantial
penalties specified, unless they can prove they come within
the specific defences provided in the section.
In addition, under new section 37D, persons who
arrange or do any act preparatory to arranging the passage to
Hong Kong of a prohibited immigrant, also commit an offence,
are liable to the same substantial penalties and are
provided with similar defences.
New sections 37E and 37F provide for forfeiture of
ships used in the commission of offences under new section
37C or 37D. New section 37G provides for forfeiture of other
property used in the commission of or to facilitate the
commission of such offences and the proceeds of such offences.
New section 37H provides for compensation for ships
or other property seized but not in the event forfeited.
New section 371 provides a general defence to the
foregoing offences and relief from forfeiture where the
prohibited immigrants were genuinely rescued, provided the
conditions of that section are met.
CONFIDENTIAL
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