52
CAP. 115]
Immigration
[1989 Ed.
37B. Declaration of unauthorized entrants
(1) The Governor in Council may by order declare any class or description of persons, other than persons who enjoy the right of abode in Hong Kong, or have the right to land in Hong Kong by virtue of section 8(1), to be unauthorized entrants. (Amended 31 of 1987 s. 20)
(2) A declaration under subsection (1) may be made subject to such exceptions as are specified in the order.
37C. Offence by crew etc., of ship carrying unauthorized entrants
(1) Subject to subsection (2), if a ship enters Hong Kong with an unauthorized entrant on board-
(a) each member of the crew;
(b) the owner of the ship and his agent; and
(c) any person who participated in making arrangements to enable the voyage on which the unauthorized entrant boarded the ship or was brought to Hong Kong to take place,
commits an offence and is liable-
(i) on conviction on indictment to a fine of $5,000,000 and to imprisonment for life; and
(ii) on summary conviction to a fine of $100,000 and to imprisonment for 3 years.
(2) (a) The captain or owner of a ship shall not be convicted of an offence under subsection (1) if he proves that at the time of the entry of the ship into Hong Kong he did not know, had no reason to suspect and could not with reasonable diligence have discovered that there was on board the ship any unauthorized entrant.
(b) A person who is a member of the crew of a ship other than the captain shall not be convicted of an offence under subsection (1) if he proves that prior to the commencement of the voyage on which the unauthorized entrant was brought to Hong Kong, he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship.
(c) A person accused of an offence under subsection (1)(c) shall not be convicted of such offence if he proves that on the date or dates on which he participated in making any such arrangements as are referred to in that subsection he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship.
(d) A person who is the agent of the owner of a ship shall not be convicted of an offence under subsection (1) if he proves-