For discussion
RESTRICTED
on 15th August 1978
_HKK 341/1
Mat
IND
G.S. 84
104
XCR (78)194 Copy No....30.
MEMORANDUM FOR EXECUTIVE COUNCIL
Immigration Ordinance
MORAL CLAIM FOR RETURN OF FORFEITED GOODS
ما
REGISTERED OWNER
CRE
Annexed for Honourable Members' consideration is a
moral claim lodged by Immigration Ordinance goods vehicle.
under section 50 of the for the return of a forfeited
Under section 50(3) of the Immigration Ordinance the Governor in Council may either order the return of the forfeited vehicle to the owner or reject the claim.
Background
2
forfeited goods
is the registered owner of the
On 6th January 1978. an
had
illegal immigrant from China was arrested on board vehicle in Sheung Shui. Enquiries revealed that arranged to take this illegal immigrant to Sheung Shui where he would meet his elder brother. Before the plan could be put into effect,
vas arrested by the police. He was subsequently charged with 'aiding and abetting the remaining of an illegal immigrant', convicted at Central Magistracy on 10th January 1978, and sentenced to three months imprisonment suspended for two years and fined $2,000. The maximum penalty for this offence is a fine of $5,000 and imprisonment for 3 years.
3
was
The record of the court proceedings (Central Magistracy Case No 51 of 1978) shows that used in the commission of an offence under section 38(1) of the Immigration Ordinance. An application was therefore made under section 47(2) of the same Ordinance for an order of forfeiture of this vehicle. On 11th April 1978, at the Central Magistracy, the vehicle was ordered to be forfeited to the Crown. When making the court order, the Magistrate made the following comments:
"I have considered the possible hardship and the circumstances of the case. While it does not appear to be one of the worst cases of aiding and abetting illegal immigrants, I have to balance the public interest with the circumstances as a whole, and I hereby make an order for the for- feiture to the Crown of vehicle No BC6608 under section 48(4)(i) of the Immigration Ordinance
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