1958-HKRS29-8-25_Part03 — Page 13

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TRAN

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Offence to

(c) section 10;

(d) subsections (3) and (4) of section 11;

(e) subsection (3) of section 13:

(f) section 173

(g) section 18;

(b) sections 23 to 28;

() sections 31 and 32;

(7) section 36.

(2) Any regulation made under this Ordinance may provide that a contravention thereof shall be an offence and prescribe penalties therefor :

Provided that no penalty so prescribed shall exceed a fine of two thousand dollars and imprisonment for twelve months.

(3) Any person guilty of an offence for which no penalty is expressly provided shall be liable to a fine of two thousand dollars and to imprisonment for twelve months.

(4) Any immigrant who enters without a permit from the Immigration Officer or who enters in breach of any of the pro- visions of this Ordinance or of the regulations made thereunder or who contravenes any condition subject to which his entry bas been permitted shall upon conviction be liable in addition to expulsion from the Colony by order of the Governor. Any such order shall be sufficient authority for any police officer to arrest and detain such immigrant and to do all such other acts as may be necessary to enable such person to be removed from the Colony, Without prejudice to the provisions of subsection (5) of section II such person may be removed from the Colony by such method and route as the Governor may determine.

40. Any person who aids, abets, counsels or procures the aid, abet or commission of an offence against the provisions of this Ordinance or the regulations made thereunder or harbours an immigrant who immigrant. entered or remains in the Colony in contravention of the provisions

harbour illegal

of this Ordinance shall be liable to a fine of two thousand dollars and to imprisonment for twelve months.

41. (1) Anything seized under paragraph (a) of subsection Forfeiture. (1) of section 13 which is evidence of any contravention of the law shall be forfeited to the Crown whether any person has been convicted in respect thereof or not.

(2) Any vessel not exceeding 250 gross tons and any vehicle seized under paragraph (f) of subsection (1) of section 13 in respect of which an offence against the provisions of this Ordinance has been committed shall be forfeited to the Crown whether any person has been convicted in respect thereof or not.

(3) Whenever any seizure has been made, unless in the possession or presence of the offender, master or owner, as for- feited under this Ordinance the Immigration Officer shall give notice in writing of such seizure and of the grounds thereof to the master or owner of the thing, vessel or vehicle seized, if known, either by delivering such notice to him personally or by letter addressed to him and sent by post to or delivered at his last known place of abode or business, if known, and all seizures made under this Ordinance shall be deemed and taken as condemned, and may be sold or otherwise disposed of in such manner as the Immigra- tion Officer may direct, unless the person from whom such seizure has been made or the owner thereof, or some person authorized by him shall within one month from the date of the seizure give notice in writing to the Immigration Officer that he claims the thing, vessel or vehicle so seized or intends to claim it whereupon proceedings shall be taken for the forfeiture and condemnation thereof by information exhibited before a magistrate:

Provided that any seizures which, in the opinion of the Immigration Officer are perishable or liable to loss or damage or the retention of which is likely to involve unreasonable expense or inconvenience, may by the direction of the Immigration Officer be sold forthwith and the proceeds thereof retained to abide the result of any claim that may legally be made in respect thereof.

(4) When any information has been exhibited before a magistrate for the forfeiture of any thing, vessel or vehicle seized under this Ordinance such magistrate is hereby required to summon the owner of such thing, vessel or vehicle or the person from whom it was seized to appear before him or any other magistrate and upon his appearance or default of appearance, due service of such summons being proved, such magistrate may