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each passenger over the number allowed by the passenger certificate.
The vessel is also liable to forfeiture.
4. A number of those involved in the HUEY FONG affair are currently
being tried under thislegislation. But it has not proved a sufficient
deterrent: as the Americans pointed out to Mr Blaker during his
visit to Washington, there is evidence that Hong Kong residents are
involved in the organisation of the refugee traffic. It is important
that the Hong Kong Government should have the necessary powers to
take vigorous action against such people.
5. Under the provisions of the Hong Kong Immigration Ordinance
it is unlawful to land in Hong Kong (ie enter by land or disembark
from a ship or aircraft) without the permission of an immigration
officer. But it is not an offence to enter Hong Kong by sea without
actually landing, and this means that no sanctions are available
against those who organise and assist the arrival of refugees in
Hong Kong waters. The main purpose of the new legislation is to
close this loophole. The Governor will be empowered to create
by order a class of "unauthorised entrants", which for the time
being will include residents or former residents of Vietnam and
Macao (the latter because of the growing problem of illegal
immigration from China via Macao). There is no intention to take
action against the refugees themselves but the entry into Hong Kong
of any ship carrying unauthorised entrants will render the crew
(including the captain), the owner and his agent and any other
person found to be involved in the arrangements guilty of an
offence. The maximum penalties laid down are very severe and include
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