Addition of
ver belon USA.
Forfeiture of
bix.
Application
to this Part
ot provisionLE
of Tan VILA.
Additonal Power and
Ekpily of this Paurt,
10
(i) on conviction on indictment to a fine of $5 000 000
and to imprisonment for life;
(i)) on summary conviction to a fine of $100 000 and
to imprisonment for 3 years.
(2) No person shall be convicted of an offence under subsection (1) if he proves that he did not know, had no reason to suspect and could not with reasonable diligence have discovered-
(2) that the person whose passage or whose carriage on a ship is the subject of the charge, was an unauthorized entrant; or
(b) that the ship in relation to which he is charged was carrying, or would carry, any unauthorized eotract
as the case may be.
37Q. (1) Where a ship is used in the commission of an offence under section 370 or 37P, the ship shall he liable to forfeiture whether or not any person is convicted in respect of any such offence.
(2) Sections 37E and 37F shall apply in relation 19 a ship which is liable to forfeiture under subsection (1) as they apply to a ship which is liable to forfeiture under section 37E(1), and accordingly in section 37F(10) the references to sections 370 and 170 shall, for the purposes of this section. be construed as if they were references la sections 370 and 37P respectively.
37R. (1) Subject to subsection (2), sections 37G, 37H, 371, 371, 37K and 37L shall apply and have effect for the purposes of this Part as if they were contained in this Part. (2) For the purposes of construing section 37G in its application to this Part in accordance with subsection (1) the references in that section to sections 370 and 37D shall be deemed to be references to sections 370 and 37P respectively.
375. (1) Any power under this Ordinance that may be exercised within the waters of the Colony may, for the purposes of preventing the commission of any offence moder this Ordinance, or of preventing the catry to Hong Kong of unauthorized entrants, be exercised in waters outside the waters of the Colony.
(2) No action shall lie for anything done or purported to be done under the provisions of this Ordinance in waters outside the waters of the Colony which would not be action- able if done within the waters of the Colony.
37T. This Part shall expire on 31 December 1980 unless the Legislative Council by resolution otherwise determines.”.
The principal Ordinance is amended by adding after section 45 the following sections-
"Forfeiture
Biker than
ship t vehicle.
46A. (1) An application may at any time be made by the Attorney General to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the High Court by motion, for forfeiture under sub- section (2) of any property other than a ship or webicle.
Pag bg captura dillyhock
at property,
11
(2) If in the course of a prosecution for an offencs under section 3801) or under section 9001) of the Criminal Procedure Ordinance where the arrestable offence which a person has committed is an offence under section 38(1), or of the hearing of an application made under subsection (1) by the Attorney General for forfeiture under Gis section, it appears to the court that any property other than a ship or vehicle-
(4) has been, is being or is intended to be used in the commission or to procure or facilitate the com- mission of such an offence; or
(6) is the proceeds or represents the proceeds directly or indirectly (as being the result of any disposal or realization of the whole or part of the proceeds) of any such offence.
the court shall, whether or not any person is convicted of any such offence, order the forfeiture of such property unless it is satisfied that it would not be just to do so or that there is other good reason why it should not do so,
(3) Where it appears to a court which is considering making an order for forfeiture under this section that a person who is not before the court may claim ownership of or an interest in, the property which may be forfeited, it shall give that person an opportunity to make representa- liams to the court as to why such an order should not be made.
448. (1) A court, in the course of a prosecution under this Ordinance, or of the hearing of any application by the Attorney General for forfeiture under this Ordinance, may of its own motion or upon application by the Attorney General, by written notice to any person in possession or control of money or property that may be forfeited, direct that such person shall not dispose of or otherwise deal with the property specified in the notics without the consent of the court.
(2) A person who disposes of, or otherwise deals with property specified in a notics under subsection (1) ather iban in accordance with the consent of the court shall be guilty of an offence and liable to a fine of $50 000 or the value of the property disposed of or otherwise dealt with, whichever is the greater, and to imprisonment for 3 years.".
* Section 58(2) of the principal Ordinance is amended-- (a) by inserting after "38(1)" the following-
"or, while it is in force, Part VIIA or Part VIIB", (5) by deleting "and" at the cod of paragraph (4); and
(c) by inserting after paragraph (a) the following--
"(de) tow or otherwise move the ship; and“,
Attend merit of
pection 18.
1. The principal Ordinance is amended by adding after section 58 the addition of following section-
"FORTA of pents ba charge of authanbad TERCİ
58A. (1) For the purposes of this Ordinance, the captain or person in charge of any vessel, or any vessel belonging to a class or description of vessels authorized by the Governor for the purposes of this section, and any
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