TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 71

0003230

G.F. 323

CONFIDENTIAL

(3) The Governor ray 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 of

an immigration officer

S

(a) the master of the ship or commander of the aircraft;

and

(b) the owner of the ship or aircraft and his agent,

shall be guilty of an offence and shall be liable

(i)

on conviction on indictment, to a fine of one

hundred thousand dollars and to imprisonment

for ten years; and

(ii)

on surmary conviction, to a fine of one hundred

thousand dollars and to imprisonment for three

years,

unless he proves that all practicable steps had been taken

to prevent persons from landing from the ship or aircraft

in contravention of subsection (1).

Liability of master of ship.

32.

If a person who arrives in Hong Kong in a ship attempts to commit an offence under subsection (1) of

section 31 by landing from the ship without the permission

of an immigration officer, the master of the ship shall be

guilty of an offence and shall be liable

CONFIDENTIAL