38
CAP. 115]
Immigration
[1989 Ed.
Provided that it shall be a defence in proceedings for an offence under this subsection for the person charged to prove that he did not act unreasonably having regard to all the circumstances of the offence charged.
17N. Presumption
Any person who is found at a place where employees are in the employment of an employer shall, unless it is proved that he is lawfully employable, be presumed until the contrary is proved-
(a) to have entered into a contract of employment to be employed by that employer; and
(b) to be an employee of that employer.
(Part IVB added 62 of 1980 s. 3)
PART V
POWER TO REMOVE OR DEPORT
18. Removal of persons refused permission to land and of members of ship's crew who contravene certain conditions of stay
(1) Subject to subsection (2), an immigration officer or a chief immigration assistant may remove from Hong Kong in accordance with section 24- (Amended 65 of 1989 s. 3)
(a) a person who, pursuant to any examination whatsoever under section 4(1)(a), is under section 11(1) refused permission to land in Hong Kong; and (Amended 75 of 1981 s. 6)
(b) a person who, having arrived in Hong Kong on board a ship in which he was a member of the crew and been given permission to land in Hong Kong subject to a condition of stay requiring him to leave Hong Kong-
(i) in a specified ship; or
(ii) within a specified period in accordance with arrangements for his repatriation,
contravenes or is reasonably suspected by an immigration officer of intending to contravene that condition.
(2) A person who is refused permission to land in Hong Kong may not be removed from Hong Kong under subsection (1)(a) after the expiry of 2 months beginning with the date on which he landed. (Amended 75 of 1981 s. 6)
(3) Subsection (2) shall not apply if it appears to the Director that the person refused permission to land was previously resident in Vietnam. (Added 3 of 1979 s. 2)