Immigration
[1989 Ed.
"unauthorized entrant" means a person belonging to a class or description of persons who, by an order made under section 37B, are declared to be unauthorized entrants, other than a person who under subsection (2) of that section is excepted from the declaration in such order.
370. Offence by crew etc., of ship carrying unauthorized entrants
(1) Subject to subsection (2), if a ship is in waters outside the waters of the Colony with unauthorized entrants on board, or assisting unauthorized entrants, in such circumstances that any of them is likely to enter, or to seek to enter, or to be brought into Hong Kong-
(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 any of the unauthorized entrants boarded or were assisted by the ship or were brought to such waters, to take place, or to enable such assistance to be provided,
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 date of the alleged offence 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 offence is alleged to have been committed, he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship or be assisted by it in the circumstances specified in subsection (1).
(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 the offence is alleged to have been committed he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship or be assisted by it in the circumstances specified in subsection (1).
(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-
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