TNAG-0960-FCO40-1179-Legislation-for-merchant-shipping-in-Hong-Kong-1980 — Page 4

unauthorised entrants. Such a provision would avoid international criticism and criticism from reputable ship owners. It would probably not encourage the use of Hong Kong as a port of refuge by other ships. Even if it does the provision authorising the Governor to allow the entry of a vessel on special grounds, under new section 371(1)(a), will allow the necessary control.

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Since the earlier draft was circulated information has been received that ships are being chartered by international relief organisations to rescue Vietnamese refugees at sea. It is possible that such vessels may seek to land refugees in Hong Kong. To take account of this new situation, the first port of call rule contained in new section 371 has been amended to specify that only vessels in the course of a commercial or business voyage are included. All other cases would be considered on an individual basis as proposed in paragraph 8 above, a

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At the suggestion of the UK Department of Trade, a new sub section 371(4)(b) has been included. This adds to the definition of first port of call by including the additional circumstances in which there is a risk to the ship's safety due to weather conditions or the carriage of hazardous cargo, or where the lives of the crew or other persons are in danger. Because of the extended scope of the rule section 371(1) has been amended to provide that Hong Kong can only be entered under the first port of call rule with the permission of the Secretary for Security.

ན་རྒྱུན་མི།།ཟླ

Application of Part VIIA of the Bill to... i ; illegal immigrants from Macau

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This matter has been examined and a revised Immigration (Unauthorised Entrants) Order 1979 has been prepared and is attached at Annex B. It provixes firstly for refugees from Vietnam in paragraph 2(1)(a) in the terms approved by Council on 10th July, but modified to adopt the new terminology (see paragraph 3). Secondly, it provides in paragraphs 2(1)(b) and (c), in a similar manner, for persons arriving from or through Macau to be unauthorised entrants. The Director of Immigration has confirmed that bona fide travellers from Macau, who do not have the right to land in Hong Kong, obtain permission to land in advance from the Immigration Department. Bona fide travellers to and from Macau, will not therefore be affected by the new provision. The Macau, authorities will be informed of this new provision before the publication of the order.

CONFIDENTIAL