Prosecution for acts outside Hong Kong.
Proof.
Attorney General to consent to prosecution.
Expiry of this part.
IMMIGRATION (AMENDMENT) (NO. 3) BILL
(b)
the course of a business or commercial voyage and the next port of call at which the ship was due to call was Hong Kong; and
(ii) immediately after going to the assistance of the unauthorized entrants the ship proceeded directly to Hong Kong; or
(i) it is necessary for the ship to enter Hong Kong as a port of refuge because there is a risk to the ship's safety arising from weather conditions or from the carriage of hazardous cargoes together with unauthorized entrants or because the lives of the crew or other persons on board the ship are in danger;
(ii) the captain, owner or agent informs the Director of Marine at the earliest practicable op- portunity of such of the circumstances specified in sub-paragraph (i) as apply to the ship; and
(iii) the Secretary for Security in his discretion grants permission for the ship to enter Hong Kong.
37J. Without prejudice to any law or enactment to the like or a similar effect as that of this section, where any person is in Hong Kong, he may be charged and convicted in respect of anything which was done or which occurred wholly or partly outside Hong Kong that would have been an offence under this Part if it had been done or had occurred within Hong Kong.
37K. (1) A person who in any proceedings under this Part is alleged to be an unauthorized entrant shall be pre- sumed to be such until the contrary is proved.
(2) Where a person is charged with an offence under this Part as being the owner of a ship, or the agent of the owner, or as being a member of the crew of a ship, a certificate purporting to be signed by a police officer of the 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.".
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