CONFIDENTIAL
- 5 -
機密
(16)
in subsection (1A) (b) by inserting after "Ordinance"
the following
", or has landed in Hong Kong unlawfully
and has not been authorized by the Director
to remain".
Amendment of section 58.
10.
Section 58(2) of the principal Ordinance is
amended by inserting after "contravention of section
38(1)(a)," the following
GF 323
"or that a ship is being or has been used in landing
any person in Hong Kong unlawfully,".
J.
نانه
Explanatory Memorandum
The unlawful landing i.e. unlawful entry of a person
into Hong Kong is an offence under section 38(1) of the
Immigration Ordinance. Many of the sanctions in the
Immigration Ordinance against unlawful landing e.g. removal,
forfeiture and evidentiary presumptions are for that reason,
L.
.A.
in terms applied to the commission of an offence under
section 38(1) and to activities relating to such an offence.
This could have the result that notwithstanding unlawful
landing, where certain ordinary ingredients of a criminal
offence e.g. knowledge, intention and capacity, cannot be
established, the sanctions might not be available.
CONFIDENTIAL
機密