TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 149

0003230

G.F. 323

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(2) A person may be detained under section 24, 25, 26,

or 27 notwithstanding that he has entered into a recognizance

pursuant to a requirement under subsection (1); and where

such a person is so detained otherwise than in consequence of

or following a breach of the recognizance, the recognizance

shall thereupon cease to have effect.

Prohibition of landing

without

permission, and penalty for carrying illegal immigrant.

PART VIII.

Offences and forfeiture.

31. (1) Subject to subsections (2) and (3), a person

who lands in Hong Kong without the permission of an immigration

officer shall be guilty of an offence and shall be liable on

conviction to a fine of five thousand dollars and to imprison-

ment for three years; and an offence under this subsection

shall be deemed to continue throughout any period during which

the offender is in Hong Kong thereafter without the permission

or authority of an immigration officer.

(2) Notwithstanding subsection (1), a person may land

in Hong Kong, without the permission of an immigration

officer, for the purpose of examination under section 5 in

accordance with arrangements in that behalf approved by the

Director, and if he submits himself forthwith to such exam-

ination shall be deemed for the purposes of subsection (1) not

to have landed unless and until permission to land is granted

to him.

(3) The Governor may by order provide that subsection

(1) shall not apply to a person who lands from a ship or

aircraft in such circumstances as may be specified in the

order.

(4) If any person commits an offence under subsection

(1) by landing from a ship or aircraft without the permission

CONFIDENTIAL