TNAG-0986-FCO40-1205-Legislation-for-immigration-into-Hong-Kong-1980 — Page 43

CONFIDENTIAL HE

For discussions

HKIC

341/4-

RECEIVED IN REGISTRY NO. 51. 2 3 SEP 1980

on 23rd September 1980 A buð min

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XCC (80)112 36 Copy No

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IMMIGRATION (AMENDMENT) (NO 2) BILL 1980 ‹--

This Copy for: 90% of elde

Information only Action ans Sears RESOLUTION UNDER SECTION 34D

chaal One QF THE MERCHANT SHIPPING ORDINANCE

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Annexed for Members' consideration are:

Annex A the Immigration (Amendment) (No 2) Bill 1980, the main object of which is to make. [* permanent section 18(3) and Parts VIIA and VIIB of the Immigration Ordinance; and

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Annex Bir à Legislative Council resolution under section 34D of the Merchant Shipping Ordinance seeking to extend the life of sections 34A, 34B and 34C of the Merchant Shipping Ordinance for a further period of one year.

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"On 27th November 1979, Members considered memorandum XCC(79)105 (copy at Annex C)and agreed that two resolutions should be introduced to the Legislative Council to extend the life of section 18(3) of the Immigration Ordinance and of sections 34A, 34B and 34C of the

Merchant Shipping Ordinance for further period of one year i, e, up to 31th December 1980. The two resolutions were made and passed by the Legislative Council on 12th December 1979. The sections referred to above will therefore expire on 31st December 1980, unless extended by resolution of the Legislative Council.

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Section 18(3) of the Immigration Ordinance removes the two months' restriction on an immigration officer's power to detain and remove a person who is refused permission to land and who comes from Vietnam. Sections 34A, 34B and 34C of the Merchant Shipping Ordinance provide for the forfeiture of ships involved in carrying excess passengers.

I.. On 17th July 1979, Members considered memorandum XCC(79)74A (Annex D) and agreed, inter alia, that the Immigration 199 (Amendment) (No 3) Bill 1979 should be introduced into the Legislative Council. The Bill contained Part VIIA (unauthorised entrants) and

14A NKK 31/3

Part VIIB (special provisions relating to unauthorised entrants) to epable more effective action to be taken to prevent and penalise trafficking

CONFIDENTIAL

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