TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 176

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29

28

PART III

General

offences in connection with

c. 77

Immigration Act 1971

(8) A court shall not order a ship, aircraft or vehicle to be forfeited under subsection (6) above, where a person claiming to be the owner of the ship, aircraft or vehicle or otherwise interested in it applies to be heard by the court, unless an opportunity has been given to him to show cause why the order should not be made.

26.--(1) A person shall be guilty of an offence punishable on summary conviction with a fine of not more than £200 or with imprisonment for not more than six months, or with both, in any administration of the following cases-

of Act.

(a) if, without reasonable excuse, he refuses or fails to

submit to examination under Schedule 2 to this Act;

(b) if, without reasonable excuse, he refuses or fails to furnish or produce any information in his possession, or any documents in his possession or control, which he is on an examination under that Schedule required to furnish or produce;

(c) if on any such examination or otherwise he makes or causes to be made to an immigration officer or other person lawfully acting in the execution of this Act a return, statement or representation which he knows to be false or does not believe to be true;

(d) if, without lawful authority, he alters any certificate of patriality, entry clearance, work permit or other docu- ment issued or made under or for the purposes of this Act, or uses for the purposes of this Act, or has in his possession for such use, any passport, certificate of patriality, entry clearance, work permit or other document which he knows or has reasonable cause to believe to be false;

(e) if, without reasonable excuse, he fails to complete and produce a landing or embarkation card in accordance with any order under Schedule 2 to this Act;

() if, without reasonable excuse, he fails to comply with any requirement of regulations under section 4(3) or of an order under section 4(4) above;

(g) if, without reasonable excuse, he obstructs an immigra- tion officer or other person lawfully acting in the execution of this Act.

(2) The extended time limit for prosecutions which is provided for by section 28 below shall apply to offences under subsection (1)(c) and (d) above.

Immigration Act 1971

c. 77

27. A person shall be guilty of an offence punishable on PART III summary conviction with a fine of not more than £200 or with Offences by imprisonment for not more than six months, or with both, in persons any of the following cases-

(a) if, being the captain of a ship or aircraft,—

connected with ships or aircraft or

(i) he knowingly permits a person to disembark with ports. in the United Kingdom when required under Schedule 2 or 3 to this Act to prevent it, or fails without reasonable excuse to take any steps he is required by or under Schedule 2 to take in connec- tion with the disembarkation or examination of passengers or for furnishing a passenger list or particulars of members of the crew; or

(ii) he fails, without reasonable excuse, to comply with any directions given him under Schedule 2 or 3 with respect to the removal of a person from the United Kingdom;

(b) if, as owner or agent of a ship or aircraft,———

(i) he arranges, or is knowingly concerned in any arrangements, for the ship or aircraft to call at a port other than a port of entry contrary to any provision of Schedule 2 to this Act; or

(ii) he fails, without reasonable excuse, to take any steps required by an order under Schedule 2 for the supply to passengers of landing or embarkation cards; or

(iii) he fails, without reasonable excuse, to make arrangements for the removal of a person from the United Kingdom when required to do so by direc- tions given under Schedule 2 or 3 to this Act;

(c) if, as owner or agent of a ship or aircraft or as a person concerned in the management of a port, he fails, with- out reasonable excuse, to take any steps required by Schedule 2 in relation to the embarkation or disem- barkation of passengers where a control area is designated.

28.—(1) Where the offence is one to which, under section 24, Proceedings 25 or 26 above, an extended time limit for prosecutions is to apply, then-

(a) an information relating to the offence may in England and Wales be tried by a magistrates' court if it is laid within six months after the commision of the offence, or if it is laid within three years after the commission of the offence and not more than two months after the date certified by a chief officer of police to be the date