TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 91

مهند

HKK 341/3

Mr Cortazzi

N.

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257/7.

Telyn

all 25/4

Had Collige

24/~11

VIETNAMESE REFUGEES: HONG KONG LEGISLATION

Problem

1.

to deal with those involved in the refugee traffic. This will

The Hong Kong Government plan to take further legal powers

be done by means of amendments to the Immigration Ordinance. The

Governor intends to enact the new legislation on 1 August, the

last day of the Legislative Council's current session.

Recommendation

2.

While the Governor is not required to obtain FCO agreement

to legislation about immigration, the Minister of State will wish

to be aware of the intention to strengthen the law relating to

trafficking in refugees, and it would be helpful if he could

indicate his support. I submit a draft telegram which should, if

possible, issue by close of play on 25 July (to enable the bill

to be gazetted on 27 July). DOT and the Legal Advisers agree.

Background

25/0

3.

After the HUEY FONG arrived off Hong Kong at the end of

last year the Hong Kong Government brought in legislation designed

to deter large-scale trafficking in refugees. Under this legis-

lation, the Hong Kong authorities have the power to search, and

where appropriate seize vessels in Hong Kong waters if they are

suspected of having been involved in refugee trafficking. The

owner or master of a vessel found to have carried excess passengers

for profit is liable to imprisonment for 2 years and a fine of

HK$10,000 (about £900), with an additional fine of HK$5,000 for

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