1989 Ed.]
Immigration
[CAP. 115
53
(i) that prior to the commencement of the voyage on which any 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; and (ii) that he informed the Director at the earliest practicable opportunity of the presence on board the ship of unauthorized entrants.
37D. Arranging passage to Hong Kong of unauthorized entrants
(1) Subject to subsection (2), any person who, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong-
(a) arranges or assists the passage to, or within, Hong Kong;
(b) offers to arrange or assist the passage to, or within, Hong Kong;
or
(c) does or offers to do an act preparatory to or for the purpose of arranging or assisting the passage to, or within, Hong Kong, of a person who is, or of a conveyance which carries, an unauthorized entrant, commits an offence and is liable-
(i) on conviction on indictment to a fine of $5,000,000 and to imprisonment for life;
(ii) on summary conviction to a fine of $100,000 and to imprisonment for 3 years.
(2) No person shall be convicted of an offence under subsection (1) if he proves that he did not know, had no reason to suspect and could not with reasonable diligence have discovered-
(a) that the person whose carriage on a conveyance or whose passage is the subject of the charge, was an unauthorized entrant; or
(b) that the conveyance in relation to which he is charged was carrying, or would carry, any unauthorized entrant,
as the case may be.
(3) In this section "conveyance" means a ship, aircraft, vehicle or any other means whatsoever of travel or transport.
37DA. Assisting unauthorized entrant to remain
(1) Any person who assists an unauthorized entrant to remain in Hong Kong commits an offence and shall be liable-
(a) on conviction on indictment, to a fine of $200,000 and to imprisonment for 10 years; and
(b) on summary conviction, to a fine of $100,000 and to imprisonment for 3 years.