1989 Ed.]
Immigration
[CAP. 115
61
(i) 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); and
(ii) that where there were unauthorized entrants on board the ship he informed the Director at the earliest practicable opportunity of that fact.
37P. Arranging passage 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 through, waters outside the waters of the Colony;
(b) offers to arrange or assist the passage to, or through, such waters; or
(c) does or offers to do an act preparatory to or for the purpose of arranging or assisting the passage to, or through, such waters, of a person who is, or of a ship which carries, an unauthorized entrant in such circumstances that the unauthorized entrant is likely to enter, or to seek to enter, or to be brought into, Hong Kong 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 passage or whose carriage on a ship is the subject of the charge, was an unauthorized entrant; or
(b) that the ship in relation to which he is charged was carrying, or would carry, any unauthorized entrant,
as the case may be.
37Q. Forfeiture of ships
(1) Where a ship is used in the commission of an offence under section 37O or 37P, the ship shall be liable to forfeiture whether or not any person is convicted in respect of any such offence.
(2) Sections 37E and 37F shall apply in relation to a ship which is liable to forfeiture under subsection (1) as they apply to a ship which is liable