TNAG-0318-FCO40-354-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 92

IMMIGRATION BILL

shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for three years.

(2) Notwithstanding subsection (1), an immigrant may land in Hong Kong, without the permission of an immigration officer, for the purpose of examination under section 3(1)(a) in accord- ance with arrangements in that behalf approved by the Director, and if he submits himself forthwith to such examination 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 an immigrant who lands from a ship or aircraft in such circumstances as may be specified in the order.

(4) If a person lands from a ship in contravention of sub- section (1)(a)—–—

(a) the captain of the ship; and

(b) the owner of the ship 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 seven years; and

(ii) on summary conviction, to a fine of one hundred thou-

sand dollars and to imprisonment for three years, unless he proves that all reasonable steps had been taken to ensure that persons did not land from the ship in contravention of sub- section (1).

34. If a person on board a ship is seeking to land from the ship in contravention of section 33(1)(a), the captain of the ship shall be guilty of an offence and shall be liable-

(a) on conviction on indictment, to a fine of one hundred thousand dollars and to imprisonment for seven years; and

(b) on summary conviction, to a fine of one hundred

thousand dollars and to imprisonment for three years, unless he proves that he did not know and had no reason to suspect that such person was seeking to land in contravention of section 33(1)(a).

35. (1) Any person who, without the permission of an immigration officer, lands in Hong Kong elsewhere than at an approved landing place shall be guilty of an offence and shall be liable on conviction to a fine of five thousand dollars and to imprisonment for twelve months.

C301

Liability of captain of ship carrying persons seeking to land unlawfully.

Prohibition of landing except at approved place.