TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 8

Enclosure Nos

DIEU

OH

DROI

Legal Supplement No. 1

TO THE

HONG KONG

GOVERNMENT GAZETTE

Published by Authority

FRIDAY, 3 AUGUST, 1979

SUP. TO Gazette No. 31 VOL. CXXI

IMMIGRATION (AMENDMENT) (NO. 3)

L.S.

HONG KONG

No. 61 OF 1979

I assent.

Ord. No. 61/79

A181

MURRAY MACLEHOSE.

Governor.

2nd August, 1979.

An Ordinance to amend the Immigration Ordinance.

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Enacted by the Governor of Hong Kong, with the advice and consent

of the Legislative Council thereof.

1. This Ordinance may be cited as the Immigration (Amendment) Short title and (No. 3) Ordinance 1979 and shall come into operation on a day to be commencement. appointed by the Governor by notice in the Gazette, and notices under this section may appoint different dates for different provisions of this Ordinance.

2. Section 2 of the principal Ordinance is amended by inserting Amendment of after the definition of "serviceman" the following-

"ship" includes a barge and every other description of vessel;".

section 2.

(Cap. 115.)

3. The principal Ordinance is amended by adding after Part VII Addition of the following Part-

"PART VIIA

UNAUTHORIZED ENTRANTS

Part VIIA.

Interpretation.

37A. In this Part-

PRINTED AND PUBLISHED BY D. R. RICk, Government PRINTER AT THE GOVERNMENT PRESS, JAVA ROAD, HONG KONG

Declaration of unauthorized

entrants.

"passage" in relation to an unauthorized entrant includes the travel and transport of the unauthorized entrant by ship, aircraft, vehicle or any other means whatsoever; and

"unauthorized entrant" means a person belonging to a class or description of persons who, by an order made under section 37B, are declared to be unauthorized entrants, other than a person who under subsection (2) of that section is excepted from the declaration in such order.

37B. (1) The Governor in Council may by order declare any class or description of persons, other than persons who have the right to land in Hong Kong by virtue of section 8(1), to be unauthorized entrants.

(2) A declaration under subsection (1) may be made subject to such exceptions as are specified in the order.

A182

Ord. No. 61/79

Offence by

crew etc..

of ship carrying

unauthorized

entrants.

Arranging

IMMIGRATION (AMENDMENT) (NO. 3)

37C. (1) Subject to subsection (2), if a ship enters Hong Kong with an unauthorized entrant on board-

(a) each member of the crew;

(b) the owner of the ship and his agent; and

(c) any person who participated in making arrange- ments to enable the voyage on which the un- authorized entrant boarded the ship or was brought to Hong Kong to take place,

commits an offence and is liable-

(i) on conviction on indictment to a fine of $5 000 000

and to imprisonment for life; and

(ii) on summary conviction to a fine of $100 000 and

to imprisonment for 3 years.

(2) (a) The captain or owner of a ship shall not be convicted of an offence under subsection (1) if he proves that at the time of the entry of the ship into Hong Kong he did not know, had no reason to suspect and could not with reasonable diligence have discovered that there was on board the ship any unauthorized entrant.

(b) A person who is a member of the crew of a ship other than the captain shall not be convicted of an offence under subsection (1) if he proves that prior to the commencement of the voyage on which the unauthorized entrant was brought to Hong Kong. he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship.

(c) A person accused of an offence under subsec- tion (1)(c) shall not be convicted of such offence if he proves that on the date or dates on which he participated in making any such arrangements as are referred to in that subsection he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship. (d) A person who is the agent of the owner of a ship shall not be convicted of an offence under sub- section (1) if he proves-

(i) that prior to the commencement of the voyage on which any unauthorized entrant was brought to Hong Kong, he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship; and

(ii) that he informed the Director at the earliest practicable opportunity of the presence on board the ship of unauthorized entrants.

37D. (1) Subject to subsection (2), any person who, passage to on his own behalf or on behalf of any other person, whether

Hong Kong

of unauthorized or not such other person is in Hong Kong-

entrants.

(a) arranges or assists the passage to, or within, Hong

Kong;

IMMIGRATION (AMENDMENT) (NO. 3)

Ord. No. 61/79

A183

Forfeiture of ships.

(b) offers to arrange or assist the passage to, or within,

Hong Kong; or

(c) does or offers to do an act preparatory to or for the purpose of arranging or assisting the passage to, or within, Hong Kong,

of a person who is, or of a conveyance which carries, an un- authorized entrant, commits an offence and is liable-

(i) on conviction on indictment to a fine of $5 000 000

and to imprisonment for life;

(ii) 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-

(a) that the person whose carriage on a conveyance or whose passage is the subject of the charge, was an unauthorized entrant; or

(b) that the conveyance in relation to which he is charged was carrying, or would carry, any un- authorized entrant,

as the case may be.

(3) In this section "conveyance" means a ship, aircraft, vehicle or any other means whatsoever of travel or transport.

37E. (1) Where a ship is used in the commission of an offence under section 37C or 37D, the ship shall be liable to forfeiture whether or not any person is convicted of any such offence.

(2) With the approval in writing of the Attorney General the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1) and within 21 days of any such seizure the Director shall serve notice of the seizure on the owner of the ship:

Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this sub- section to give notice to one of the owners.

(3) A notice under subsection (2) shall be deemed to have been duly served on the owner if-

(a) it is delivered to him, or to the person whom the

Director believes to be the owner;

(b) it is sent by registered post addressed to such person at the place of residence or business of such person, if any, known to the Director; or

(c) where in the opinion of the Director it is not practicable to serve the notice in accordance with paragraph (a) or (b) it is published in accordance with subsection (4).

(4) Within 21 days of the seizure of any ship which appears to the Director to be liable to forfeiture under