C284
Addition of new section 46A.
Application to this Part
of provisions of Part VIIA.
Additional powers and saving.
Expiry of this Part.
5.
IMMIGRATION (AMENDMENT) (NO. 3) BILL
37E(1), and accordingly in section 37F(10) the references to sections 37C and 37D shall, for the purposes of this section, be construed as if they were references to sections 370 and 37P respectively.
37R. (1) Subject to subsection (2), sections 37G, 37H, 371, 37J, 37K and 37L shall apply and have effect for the purposes of this Part as if they were contained in this Part.
(2) For the purposes of construing section 37G in its application to this Part in accordance with subsection (1), the references in that section to sections 37C and 37D shall be deemed to be references to sections 370 and 37P respectively.
37S. (1) Any power under this Ordinance that may be exercised within the waters of the Colony may, for the purposes of preventing the commission of any offence under this Ordinance, or of preventing the entry to Hong Kong of unauthorized entrants, be exercised in waters outside the waters of the Colony.
(2) No action shall lie for anything done or purported to be done under the provisions of this Ordinance in waters outside the waters of the Colony which would not be action- able if done within the waters of the Colony.
37T. This Part shall expire on 31 December 1980 unless the Legislative Council by resolution otherwise determines.”.
The principal Ordinance is amended by adding after section 46 the following sections-
"Forfeiture of property other than a ship or vehicle.
(Cap. 221.)
46A. (1) An application may at any time be made by the Attorney General to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the High Court by motion, for forfeiture under sub- section (2) of any property other than a ship or vehicle.
(2) If in the course of a prosecution for an offence under section 38(1) or under section 90(1) of the Criminal Procedure Ordinance where the arrestable offence which a person has committed is an offence under section 38(1), or of the hearing of an application made under subsection (1) by the Attorney General for forfeiture under this section, it appears to the court that any property other than a ship or vehicle-
(a) has been, is being or is intended to be used in the commission or to procure or facilitate the com- mission of such an offence; or
(b) is the proceeds or represents the proceeds directly or indirectly (as being the result of any disposal or realization of the whole or part of the proceeds) of any such offence,
the court shall, whether or not any person is convicted of any such offence, order the forfeiture of such property unless it is satisfied that it would not be just to do so or that there is other good reason why it should not do so.
(3) Where it appears to a court which is considering making an order for forfeiture under this section that a