1949-HKRS29-8-16_Part01 — Page 20

Authorised

(5) If any person enters without permission of the Immigration Officer-

(a) such person may be arrested without a warrent by any police officer and shall be liable on summary conviction to a fine not exceeding five thousand dollars; and

(b) the master, owner and agent of the vessel or aircraft by which such person was brought to the Colony shall, unless he can satisfy a magistrate that such entry was not due to any act or default on the part of any of them or of any person employed by any of them, be liable on summary conviction to a fine not exceeding five thousand dollars; and

(e) the magistrate may, whether or not any such lastly mentioned fine is imposed, make an order directing that such person shall be returned as soon as possible at the expense of the agent for the vessel or aircraft to the place of embarkation or country of birth or country of citizenship of such person.

(6) A copy of the lists required under section 7 sbull be furnished to the Immigration Officer within forty-eight hours after such arrival or departure, as the case may be, by the master or other person ia charge, owner and agent of every vessel or aircraft which arrives in the Colony or departs therefrom, and every such owner, mastor, perava or agent who fails to furnish such list or who furnishes any list which he knows, or could by the exercise of reasonable diligence have ascertained, to be false, shall be guilty of an offence.

12. The Governor may, by notification in the Gazelle, landing places authorise such landing places or such points of entry on the land and points

froutier as he may consider necessary to carry out the provisions of entry.

of this Ordinance.

Power of

Officer.

OT

13. (1) The Immigration Officer any police officer Immigration authorised by bim in writing in that behalf, either generally or

for a particular occasion, may-

(a) datain for four days for further inquiries any person concerning whom he has reason to believe that further inquiries should be made;

(b) arrest and bring before a magistrate any person whom he has reason to suspect of having contravened or attempted to contravene any of the provisions of this Ordinance;

() aanrch the person and property and affects of any person whom it is lawful for such officer to detain or arrest or who arrives in or is about to leave the Colony: Provided that a female shall be searched by a female, and that no person shall be searched in a public place if he objects to being so searched;

(d) search any place or vessel (not being a ship of war), aircraft, train or vehicle, in which such officer has reason to suspect that there may be anything which may be evidence of any contravention or intended contravention of any of the provisions of this Ordinance, or which may belong to or be in the possession of or under the sole or partial control of any person whom it is lawful for such officer to detain or arrest:

(e) seize, remove and detain anything which appears

to be evidence of any contravention of the law or which it is desirable to detain for further examination or which appears to belong to ar to be in the possession of or to be under the sole or partial coutml of any person whom it is lawful for such officer to detain or arreat.

L

(2) Buch officer may-

such place;

(a) break open any outer or inner door of or in any

(8) forcibly enter any such vessel, aircraft, train or vehicle and every part thereof;

(c) remove by force any person or material obstruc- tion to any arrest, detention, search, seizure or removal which he is empowered to make;

(d) detain avery person found in such place or on board such vessel, aircraft, train or vehicle qatil much place or vessel, aircraft, train or vehicle has been searched.

(3) No person shall obstruct any detention, arrest, search, Immigration seizure or removal which is authorised by this Ordinance.

Oficer way release detained

14. The Immigration Officer may in the exercise of his discretion release a person detained under this Ordinance upon his eniging

into a recogol- entering into a recognizance with or without sureties, for EL reasonable amount to appear before the Immigration Officer for without

xance with or further inquiries at the time and place mentioned in such suresies. recognizance or in the case of the person detained being a person recently arrived in the Colony for the return of such person to the place whence bo cane. The liberty granted after recognizance shall be subject to such conditions of residence and report as the Immigration Officer thinks ft.

entry.

15. The Immigration Officer may by order, notice or otherwise Coodisional impose such conditions either general or special in or upon the landing or occasion of or aubsequent to any permit granted to on immigrant to enter, whether for the purpose of residence, sojourn or transient visit or for transhipment at a port in the Colony and way at any time vary or add to these conditions as he thinks fit.

16. A master of a vessel may use all reasonable means, Master of including force and restraint, to secure the continued presence on vessel ty board of any person who has not been permitted to enter and while detain by such person is so detained be shall be deemed to be in legal custody.

fores.

17. Any person on board a vessel or aircraft who falsely False repre- represents himself to be a member of the crew and any member section as of such crew who aide and abets or otherwise connives at such member of a false representation may be arrested without a warrant and shall crew. be liable on summary conviction to imprisonment for a period not exceeding twelve months or to a fine not exceeding two thousand dollara.