30
1606-
THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 19, 1940.
*
(c) "ship" has the same meaning as in the Merchant Shipping Ordinance, 1899;
(d) "travel document" means a document establishing the nationality and identity of a person and authorizing him to travel to and enter this Colony, issued or indorsed, in the case of a British subject or British protected person by a competent British official, and in other cases by an official having authority to issue or indorse such document in respect of the person in question.
(2) Any reference in these regulations to the master of a ship or the pilot of an aircraft shall be construed as including a reference to the person for the time being in charge of the ship or aircraft as the case may be except, in relation to a ship, a pilot licensed under the Pilots Ordinance, 1930.
3.-(1) No person, whether a British subject or not, coming as a passenger by sea or air from a place outside this Colony shall disembark in this Colony unless→→→
(a) he is in possession of a valid passport or travel document or a certificate, permit or pass recognized by or issued under any Ordinance for the time being and from time to time in force relating to immigration; and
(b) he has first obtained on such passport, travel docu- ment, certificate, permit or pass the written indorsement of the competent authority permitting him to enter this Colony.
(2) (a) The competent authority may attach such condi- tions, either general or special, as he thinks fit to the grant under paragraph (1) of any written indorsement to any person permitting him to enter this Colony and, without prejudice to the generality of this power, any such conditions may be made to apply to such person while he is in this Colony.
(6) The competent authority may take such security as he thinks fit to ensure the due fulfilment of any condition imposed under this paragraph.
(c) The competent authority may at any time cancel wholly or in part, or extend the time for the performance of, any condition imposed under this paragraph.
4. The provisions of regulation 3 shall not apply to persons generally or specially exempted therefrom by the Colonial Secretary.
5. In making or declining to make any indorsement for which provision is made by these regulations, the competent authority shall act in accordance with the general or special instructions of the Colonial Secretary and the Colonial Secretary may revoke or vary any decision of the competent authority.
6. If any person fails to comply with any condition imposed under regulation 3 he shall be deemed to have contravened the provisions of that regulation and, without prejudice to any proceedings .which may be taken against him under regulation 84 of the Defence Regulations, 1940, as applied by these regulations-
(a) unless cause is shown to the satisfaction of the competent authority, the security taken (if any) shall be forfeited; and
THE HONG KONG GOVERNMENT GAZETTE, NOVEMBER 19, 1940.
(b) he may, in the discretion of the competent authority, be detained in police custody until an opportunity occurs of returning him to his port of embarkation or to the country of which he is a national or of sending him to his destination.
7.-(1) The master of a ship or pilot of an aircraft shall not permit any person to disembark in contravention of the provisions of regulation 3.
(2) It shall be a defence to a prosecution for a con- travention of this regulation that the master or pilot took every reasonable precaution to prevent the disembarkation, but no defence to prove that he did not do anything to facilitate such disembarkation.
8. If any person disembarks in this Colony from a ship or aircraft in contravention of regulation 3, the master of the ship or the pilot of the aircraft shall be bound, upon the order of the competent authority, to re-embark such person in his ship or aircraft, either forthwith or after such period of detention as is mentioned in regulation 6 (b), and the owners, charterers and agents of such ship or aircraft, and the master or pilot thereof, as the case may be, shall be jointly and severally liable to pay to the competent authority all costs and charges incurred in respect of the maintenance of such person and of sending him to the country of which he is a national or his port of embarkation or his destination. All such costs and charges shall be deemed to be a debt due to the Crown and may be recovered by the Treasurer in the same manner as Crown debts are recovered under the Crown Remedies Ordinance, 1875.
9. The provisions of the Defence Regulations, 1940, and any regulations amending or substituted for the same for the time being in force shall apply for the purpose of the enforcement of these regulations and otherwise in relation thereto as if any reference in those regulations included a reference to these regulations.
Published by His Excellency's Command.
19th November, 1940.
N. L. SMITH,
Colonial Secretary.
PRINTED And PublishED BY NORONHA & Co.. LD., GovernmeNT PRINTERS.
1607
31
Page 30Page 31