Enclosure No.4
IMMIGRATION (AMENDMENT) (NO. 3) BILL
A BILL
Amend the Immigration Ordinance.
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Enacted by the Governor of Hong Kong, with the advice and consent
of the Legislative Council thereof.
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1. This Ordinance may be cited as the Immigration (Amendment) Short title and (No. 3) Ordinance 1979 and shall come into operation on a day to be commencement. appointed by the Governor by notice in the Gazette, and notices under
this section may appoint different dates for different provisions of this Ordinance.
2. Section 2 of the principal Ordinance is amended by inserting Amendment of after the definition of "serviceman" the following-
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"ship" includes a barge and every other description of vessel;".
3.
section 2.
(Cap. 115.)
The principal Ordinance is amended by adding after Part VII Addition of the following Part-
Part VIIA.
"PART VIIA
UNAUTHORIZED ENTRANTS
37A. In this Part-
Interpretation.
Declaration of unauthorized
entrants.
Offence by
crew etc.,
of ship carrying
unauthorized entrants.
"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.
37B. (1) The Governor in
Governor in Council may by order declare any class or description of persons, other than persons who have the right to land in Hong Kong by virtue of section 8(1), to be unauthorized entrants.
(2) A declaration under subsection (1) may be made subject to such exceptions as are specified in the order.
37C. (1) Subject to subsection (2), if a ship enters Hong Kong with an unauthorized entrant on board-
(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 the un- authorized entrant boarded the ship or was brought to Hong Kong to take place,
commits an offence and is liable-
(i) on conviction on indictment to a fine of $5 000 000
and to imprisonment for life; and
(ii) on summary conviction to a fine of $100 000 and
to imprisonment for 3 years.