CONFIDENTIAL
20-
機密
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4
(2) In any proceedings for an offence
under this Part or for forfeiture arising out
of such an offence, until it is proved that
an unauthorized entrant was taken on board a
ship
(a) without reward;
(b)
pursuant to a legal obligation
to go to the assistance of the
unauthorized entrant; and
(c) whose first port of call was Hong
Kong...
the contrary shall be presumed.
(3) For the purposes of this section
"legal obligation" means an obligation
imposed upon the state where the ship is
registered, pursuant to
(a) an International Convention for the
Safety of Life at Sea which has been
acceded to by the United Kingdom and
extended to Hong Kong;
(b) any other international convention
acceded to by the United Kingdom and
extended to Hong Kong; or
(c) customary international law.
CONFIDENTIAL
機密