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[1977 Ed.
1977
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Recovery of cost of main- taining person. detained under section 32(1).
CAP. 115]
Immigration
37. If a person who is detained under section 32(1) pending his removal from Hong Kong under section 18 arrived in Hong Kong in a ship or aircraft, the Director of Immigration may require the owner of the ship or aircraft or his agent to pay to the Government the expense incurred by it in maintaining that person during his detention.
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380
Prohibition of landing and remaining without
permission, and penalty for
carrying illegal immigrant.
Liability of
captain of ship carrying persons seeking to land unlawfully.
PART VIII
OFFENCES AND FORFEITURE
38. (1) Subject to subsection (2), a person who--
(a) being a person who by virtue of section 7 may not land in Hong Kong without the permission of an immigration officer, lands in Hong Kong without such permission; or (b) having landed in Hong Kong unlawfully, remains in Hong
Kong without the authority of the Director,
shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 3 years.
(2) A person may land in Hong Kong, without the permission of an immigration officer, for the purpose of examination under section 4(1)(a) in accordance 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 subsection (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 $100,000 and
to imprisonment for 7 years; and
(ii) on summary conviction, to a fine of $100,000 and to im-
prisonment for 3 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).
39. If a person on board a ship is seeking to land from the ship in contravention of section 38(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 $100,000 and to
imprisonment for 7 years; and
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