Liability of
captain of ship carrying
persons seeking to land unlawfully.
Prohibition of landing except at approved place.
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shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for three years.
(2) Notwithstanding subsection (1), an immigrant may land in Hong Kong, without the permission of an immigration officer, for the purpose of examination under section 3(1)(a) in accord- ance with arrangements in that behalf approved by the Director, and if he submits himself forthwith to such examination shall be deemed for the purposes of subsection (1) not to have landed unless and until permission to land is granted to him.
(3) The Governor may by order provide that subsection (1) shall not apply to an immigrant who lands from a ship or aircraft in such circumstances as may be specified in the order.
(4) If a person lands from a ship in contravention of sub- section (1)(a)
(a) the captain of the ship; and
(b) the owner of the ship and his agent,
shall be guilty of an offence and shall be liable---
(i) on conviction on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years; and
(ii) on summary conviction, to a fine of one hundred thou-
sand dollars and to imprisonment for three years, unless he proves that all reasonable steps had been taken to ensure that persons did not land from the ship in contravention of sub- section (1).
34. If a person on board a ship is seeking to land from the ship in contravention of section 33(1)(a), the captain of the ship shall be guilty of an offence and shall be liable—
(a) on conviction on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years; and
(b) on summary conviction, to a fine of one hundred
thousand dollars and to imprisonment for three years, unless he proves that he did not know and had no reason to suspect that such person was seeking to land in contravention of section 33(1)(a).
35. (1) Any person who, without the permission of an immigration officer, lands in Hong Kong elsewhere than at an approved landing place shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for twelve months.
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(2) If any person lands from a ship or aircraft in contraven- tion of subsection (1)—
(a) the captain of the ship or aircraft; and
(b) the owner of the ship or aircraft and his agent,
shall be guilty of an offence and shall be liable on conviction to a fine of one hundred thousand dollars and to imprisonment for three years unless he proves that all reasonable steps had been taken to ensure that persons did not land from the ship or air- craft in contravention of subsection (1).
36. If a passenger who arrives in Hong Kong in an aircraft does not have a valid travel document, the owner of the aircraft and his agent shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars.
37. Any person who contravenes a condition of stay in force in respect of him shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprison- ment for two years.
38. (1) Any person who makes or causes to be made-
(a) to an immigration officer or any other person lawfully acting under or in the execution of Part II, III or IV of this Ordinance;
(b) in any document furnished to the Director or any other immigration officer pursuant to this Ordinance or a requirement made thereunder; or
(c) for the purpose of obtaining, whether for himself or any other person, any travel document, entry permit or re- entry permit,
any statement or representation which he knows to be false or does not believe to be true shall be guilty of an offence.
(2) Any person who—
(a) alters without lawful authority or forges any travel docu- ment, entry permit or re-entry permit or any document whatsoever issued, kept or made under or for the pur- poses of Part II, III or IV of this Ordinance;
(b) uses for the purposes of Part II, III or IV of this Ordin- ance any forged, false or unlawfully obtained or altered travel document, entry permit, re-entry permit or other document;
Aircraft
passengers arriving without valid travel document.
Breach of condition of stay.
False state- ments, forgery of documents and use and possession
of forged documents.