A188
Ord. No. 61/79
Addition of Part VIIB.
Attorney General to consent to prosecution.
Expiry of this Part.
4.
IMMIGRATION (AMENDMENT) (NO. 3)
rank of Superintendent or above and certifying that the person charged is in the honest belief of that officer-
(a) the owner of the ship; or (b) the agent of the owner; or
(c) the captain or other member of the ship's crew, shall be admitted in evidence on its production without further proof and until the contrary is proved it shall be presumed that-
(i) the certificate was signed by the person by whom
it purports to have been signed;
(ii) the person who signed the certificate was a police officer of the rank stated in the certificate; and (iii) the person charged was, at the date on which the offence is alleged to have taken place, the owner of the ship, the agent of the owner or, as the case may be, the captain or other member of the ship's
crew.
37L. No prosecution shall be brought under this Part without the consent of the Attorney General.
37M. This Part shall expire on 31 December 1980 unless the Legislative Council by resolution otherwise deter- mines.".
The principal Ordinance is amended by adding immediately before Part VIII the following Part-
Interpretation.
Offence by
crew etc.,
of ship carrying unauthorized entrants.
"PART VIIB
SPECIAL PROVISIONS
37N. In this Part-
"passage" in relation to an unauthorized entrant includes the travel and transport of the unauthorized entrant by ship, aircraft, vehicle or any other means whatsoever; and
"unauthorized entrant" means a person belonging to a class or description of persons who, by an order made under section 37B, are declared to be unauthorized entrants, other than a person who under subsection (2) of that section is excepted from the declaration in such order.
370. (1) Subject to subsection (2), if a ship is in waters outside the waters of the Colony with_unauthorized entrants on board, or assisting unauthorized entrants, in such circumstances that any of them is likely to enter, or to seek to enter, or to be brought into Hong Kong-
(a) each member of the crew;
(b) the owner of the ship and his agent; and (c) any person who participated in making arrange- ments to enable the voyage on which any of the unauthorized entrants boarded or were assisted by the ship or were brought to such waters, to take place, or to enable such assistance to be provided,