CONFIDENTIAL #
38
-A
New section 37J provides that persons in Hong
Kong may be prosecuted for offences under Part VIIA carried
out outside Hong Kong.
New section 37K facilitates the proof of offences
under Fart VIIA by presuming for that purpose that any
person alleged to be such, is a prohibited immigrant unless
the contrary is proved. It also provides that in the proof
of such offences, a certificate issued by a police officer
of or above the rank of Superintendent that the accused person
was the owner, agent, captain or member of the crew shall be
evidence of that fact until the contrary is proved.
Because of the nature of the offences, the severe
penalties and the evidentiary presumptions, new sections
37L and 37M provide the safeguard that no prosecution shall
be brought under new Part VIIA without the consent of the
Attorney General, and that part VIIA shall expire on 31
December 1980 unless otherwise determined by the Legislative
Council.
New Part VIIB in clause 4,is almost identical in
effect to new Part VIIA, except that it relates to the
bringing of prohibited immigrants not to Hong Kong itself,
to the waters outside Hong Kong's territorial limits, in
circumstances in which they are likely to enter Hong Kong,
The penalties, defences, liability to forfeiture, provision
for expiration on 31 December 1980, etc. are the same,
subject only to necessary modification.
Section 47 of the principal Ordinance already
provides for the forfeiture of ships and vehicles used to
transport illegal immigrants. But the Ordinance does not
provide for the forfeiture of other property, especially
CONFIDENTIAL #3 機密
but