1979-HKRS28-16-27_Part03 — Page 14

Addition of Part VILB.

AUDIBOY General co cascot fa persecutiop.

Expiry of Uhim Pul

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rank of Superintendent or above and certifying that the person charged is in the honest belief of that officer-

(a) the owner of the ship; or

(8)

the agent of the owner; or

(3) the caplain or other member of the ship's crow, shall be admitted in evidence on its production without further proof and until the contrary is proved it shall be presumed that-

(i) the certificate was signed by the person by whom

it purports to have been signed;

(li) the person who signed the certificate was a police officer of the rank stated in the certificate; and (16) the person charged was, at the date on which the offence is alleged to have taken place, the owner of the ship, the agent of the owner or, as the case may be, the captain or other member of the ship's

Crew.

37L. No prosecution shall be brought under this Part without the consent of the Attorney General.

37M. This Part shall expire on 31 December 1980 unless the Legislative Council by resolution otherwise deter- mines.".

4 The principal Ordinance is amended by adding immediately before Part VIII the following Part-

Inperprctabl

Offence by

al ship catty

stored SIMU.

"PART VIE

SPECIAL PROVISIONS

37N. In this Part--

"passage" in relation to an unauthorized entrant includes the travel and transport of the unauthorized entrant by ship, aircraft, vehicle or any other means whatsoever;

and

"unauthorized entrant" means a person belonging to a class or description of persons who, by an order made under section 378. are declared to be unauthorized entrants, other than a person who under subsection (2) of that section is excepted from the declaration in such order.

370. (1) Subject to subsection (2), if a ship is in walers outside the waters of the Colony with unauthorized entrants on board, or assisting unauthorized catrants, je such circumstances that any of them is likely to enter, or to seek to enter, or to be brought into Hong Kong—

(a) each member of the crew:

(b) the owner of the ship and his agent; and

(c) any person who participated in making arrange- ments to enable the voyage on which any of the unauthorized entrants boarded or were assisted by the ship or were brought to such waters, to take place, or to enable such assistance to be provided,

Attaud DAUMURS of authorized GOKULAKL

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commits an offence and is liable-

(i) on conviction on indictment to a fine of $5 000 000

and to imprisonment for life; and

(ii) on summary conviction to a fine of $100 000 and

Lo imprisonment for 3 years.

(2) (a) The captain or owner of a ship shall not be convicted of no offence under subsection (1) if he proves that at the date of the alleged offence he did not know, had no reason to suspect and could not with reasonable diligento bave discovered that there was on board the ship any unauthorized

entranl

(6) A person who is a member of the crew of a ship other than the captain shall not be convicted of an offence under subsection (1) if he proves that prior to the commencement of the voyage on which the offence is alleged to have been committed, he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship or be assisted by it in the circumstances specified in subsection (1)

[<) A person accused of an offense under subsection (IXC) shall not be convicted of such offence if be proves that on the date or dates on which the offence is alleged to have been committed be did not know and had no reason to suspect that any umauthorized entrant would be carried on the ship or be assisted by it in the circumstances specified in subsection (1).”

(4) A person who is the agent of the owner of a ship shall not be convicted of an offence under sub- section (1) if he proves-

that prior to the commencement of the voyage on which the offence is alleged to have been committed. he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship or be assisted by it fo the circumstances specified in subsection (1); and

(i) that where there were unauthorized entrants un board the ship be informed the Director at the carliest practicable opportunity of that fact, 37P. (1) Subject to subsection (2), say person who, on bis own behalf of on behalf of any other person, whether or not such other person is in Hong Koog-

(0) arranges or assists the passage to, or through, watert

outside the waters of the Colony:

(5) offers to arrange or assist the passage to, or

through, such waters; or

(c) does or offers to do an act preparatory to or for the purpose of arranging or assisting the passage to, or through, such waters,

of a person who is, or of a ship which carries, so un- authorized entrant in such circumstances that the unau- thorized entrant is likely to enter, or to seek to enter, or to be brought into. Hong Kong commits an offence and is liable--