TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 125

CONFIDENTIAL

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(2) In any proceedings for an offence

under this Part or for forfeiture arising out

of such an offence, until it is proved that

an unauthorized entrant was taken on board a

ship

(a) without reward;

(b)

pursuant to a legal obligation

to go to the assistance of the

unauthorized entrant; and

(c) whose first port of call was Hong

Kong...

the contrary shall be presumed.

(3) For the purposes of this section

"legal obligation" means an obligation

imposed upon the state where the ship is

registered, pursuant to

(a) an International Convention for the

Safety of Life at Sea which has been

acceded to by the United Kingdom and

extended to Hong Kong;

(b) any other international convention

acceded to by the United Kingdom and

extended to Hong Kong; or

(c) customary international law.

CONFIDENTIAL

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