Recovery of cost of main- taining person detained under section 32(1).
Prohibition of landing and
remaining without pormission, and penalty for carrying illegal immigrant.
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suant to a requirement under subsection (1): and where such person is so detained otherwise than in consequence of or follow- ing a breach of the recognizance, the recognizance shall thereupon cease to have effect.
37. If a person who is detained under section 32(1) pending his removal from Hong Kong under section 18 arrived in Hong Kong in a ship or aircraft, the Director of Immigration may require the owner of the ship or aircraft or his agent to pay to the Government the expense incurred by it in maintaining that person during his detention.
PART VIII.
OFFENCES AND FORFEITURE.
38. (1) Subject to subsection (2), a person who- (a) being a person who by virtue of section 7 may not land in Hong Kong without the permission of an immigration officer, lands in Hong Kong without such permission: or (b) having landed in Hong Kong unlawfully, remains in Hong Kong without the authority of the Director, shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for three years.
(2) A person may land in Hong Kong, without the permis- sion of an immigration officer, for the purpose of examination under section 4(1Xα) in accordance with arrangements in that behalf approved by the Director, and if he submits himself forth- with to such examination shall be deemed for the purposes of subsection (1) not to have landed unless and until permission to land is granted to him.
(3) The Governor may by order provide that subsection (1) shall not apply to an immigrant who lands from a ship or aircraft in such circumstances as may be specified in the order.
(4) If a person lands from a ship in contravention of sub- section (1)(a)—–—
(a) the captain of the ship; and
(b) the owner of the ship and his agent,
shall be guilty of an offence and shall be liable-
(i) on conviction on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years: and
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(ii) on summary conviction, to a fine of one hundred thou-
sand dollars and to imprisonment for three years,
unless he proves that all reasonable steps had been taken to ensure that persons did not land from the ship in contravention of sub- section (1).
39. If a person on board a ship is seeking to land from the ship in contravention of section 38(1)(a), the captain of the ship shall be guilty of an offence and shall be liable-
(a) on conviction on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years; and
(b) on summary conviction, to a fine of one hundred
thousand dollars and to imprisonment for three years, unless he proves that he did not know and had no reason to suspect that such person was seeking to land in contravention of section 38(1)(a).
40. If a passenger who arrives in Hong Kong in an aircraft does not have a valid travel document, the owner of the aircraft and his agent shall be guilty of an offence and shall be liable on conviction to a fine of one thousand dollars.
41. Any person who contravenes a condition of stay in force in respect of hira shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprison- ment for two years.
42. (1) Any person who makes or causes to be made- (a) to an immigration officer or any other person lawfully acting under or in the execution of Part II, III or IV of this Ordinance;
(b) in any document furnished to the Director or any other immigration officer pursuant to this Ordinance or a requirement made thereunder; or
(c) for the purpose of obtaining, whether for himself or any other person, any travel document, entry permit or re- entry permit,
any statement or representation which he knows to be false or does not believe to be true shall be guilty of an offence.
(2) Any person who—
(a) alters without lawful authority or forges any travel docu- ment, entry permit or re-entry permit or any document whatsoever issued, kept or made under or for the pur. poses of Part II, III or IV of this Ordinance;
Liability of captain of ship carrying persops
seeking to land unlawfully.
Aircraft
passengers arriving without valid travel document.
Breach of condition of stay.
False state ments, forgery of documents and use and possessioni
of forged documents,