GF 323
CONFIDENTIAL **
37
Explanatory Memorandum
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The object of this Bill is to enable more effective
action to be taken to prevent and to penalize trafficking
in unlawful immigration.
This is provided for almost
entirely in the new Parts VIIA and VIIB contained in
clauses 3 and 4.
entrants.
New sections 37A and 37B in new Part VIIA enable
the Governor in Council to designate classes of unauthorized
Under new section 37C if a ship enters Hong Kong
with unauthorized entrants on board, the owner, captain, crew
and agent, and the persons who organized the voyage, are
all guilty of an offence and liable to the very substantial
penalties specified, unless they can prove they come within
the specific defences provided in the section.
In addition, under new section 37D, persons who
arrange or do any act preparatory to arranging the passage
to Hong Kong of unauthorized entrants, also commit an offence,
are liable to the same substantial penalties and are provided
with similar defences.
New sections 37E and 37F provide for forfeiture of
ships used in the commission of offences under new section
37C or 37D. New section 37G provides for forfeiture of
other property used in the commission of or to facilitate the
commission of such offences and the proceeds of such offences.
New section 37H provides for compensation for ships
or other property seized but not in the event forfeited.
New section 371 provides for the entry, subject to
specified conditions, of ships where unauthorized entrants
carried have been genuinely rescued, or where such entry is
necessary for the safety of the ships or of the lives of
persons on board.
CONFIDENTIAL
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