1974-HKRS28-16-22_Part05 — Page 31

Section

12

Amendment

(b) leaves or attempts to leave any port in Hong Kong

without a clearance,

shall be guilty of an offence and shall be liable on convie- tion to a fine of $20,000 and to imprisonment for 6 months.".

(3) In subsection (2) by deleting "Tiable to a fine of two thousand dollars, in addition to a fine of one hundred dollars for every such passenger in excess of the number permitted to be carried by the clearance" and substituting “guilty of an offence and shall be liable on conviction to imprisonment for 6 months and to a fine of $10,000 and an additional fine of $5,000 in respect of each passenger in excess of the number permitted by the clearance"".

(4) By deleting subsection (3) and substituting the following-

(3) Whenever the master of a ship is guilty of an offence against subsection (2), the owner, and the agent and the charterer (if any) of the ship shall each be guilty of the same offence and shall each be liable on conviction to the same penalty as in prescribed for that offence, unless he proves that

(4) the passengers involved in the offence were shipped

without his knowledge or consent; and

(5) he derived no profit, benefit or advantage from

the shipping of the passengers.",

39.

(1) By-

41.

44.

(4) deleting "for each offence be liable to a fine of night thousand dollars and substituting "be quilty of an offence and shall be liable on conviction to a fine of $50,000 and to imprisonment for years"; and

(6) deleting "for each offence be liable to a fine of four thousand dollars" and substituting "be guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months".

In subsection (3) by deleting “liable to a fine of one thousand dollars" and substituting "guilty of an offence and shall be liable on conviction to a fine of $5,000*.

(1) In subsection (1) by deleting "a misdemeanor" and substituting "an offence".

(2) In subsection (2) by deleting a misdemeanor” substituting “an offence".

Bund

(3) By deloling subsection (3) and substituting the following→ "(3) Any person who commits an offence against sub- section (1) or subsection (2) shall be liable on conviction to a fine of $50,000 and to imprisonment for 2 years.

(4) A prosecution under this section may only be com- menced by or with the consent of the Attorney General.".

Section

54.

35.

59.

63.

54.

65.

66.

67.

[3

Amendment

By deleting "liable for each offence to a fine of two hundred dollars" and substituting “guilty of an offence and shall be liable on conviction to a fine of $5,000",

In subsection (3) by deleting "liable to a line of one thousand dollars" and substituting "guilty of an offence and shall be liable on conviction to a fine of $5,000",

By deleting "liable to a fine of one thousand dollars" and sub- stituting "guilty of an offence and shall be liable on conviction to a fine of $5,000",

By deleting "liable to a fine of one thousand dollars" and sub- stituting "guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months”.

(1) In subsection (1) by deleting "Liable to a fine of one thousand dollars" and substituting "guilty of an offence and shall be liable on conviction to a fine of $10,000 and to imprisonment for 6 months".

(2) In subsection (2) by deleting "Gable to a line of two hundred dollars" and substituting "guilty of an offence and shall be liable on conviction to a fine of $1,00”.

(1) By being renumbered as subsection (1) thereof.

(2) By deleting “Any master who offends against the pro- visions of this section shall be liable to a fine of two thousand dollars.".

(3) By Inserting the following new subsection-

"(2) Any master who, without reasonable excuse, con- travenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a One of $2,000.”,

(1) In subsection (1) by deleting "Any master who wilfully disobeys or neglects or fails to comply with the provisions of this subsection shall be liable to a fine of two thousand dollars.".

(2) By inserting, after subsection (1), the following new subsection-

"(IA) Any master who—

(a) without reasonable excuse, fails to comply with

subsection (1) or

() wilfully disobeys any direction given by the

Director under subsection (1),

shall be guilty of an offence and shall be liable on con- viction to a fine of $2,000.7.

By deleting subsection (2) and substituting the following-

"(2) Any master who-

(a) without reasonable excuse, fails to comply with any

provision of subsection (1);