CONFIDENTIAL
38
機密
New section 37j provides that persons in Hon
Kong may be prosecuted for offences under Part VIIA carried
out outside Hong Kong.
New section 37K facilitates the proof in proceedings
under Part VIIA by presuming for that purpose that any
person alleged to be such, is an unauthorised entrant unless
the contrary is proved. It also provides that a certificate
issued by a police officer of or above the rank
of Superintendent that the accused person
was the owner, agent, captain or member of the crew shall be
evidence of that fact until the contrary is proved.
Because of the nature of the offences, the severe
penalties and the evidentiary presumptions, new sections
37L and 37M provide the safeguard that no prosecution shall
be brought under new Part VIIA without the consent of the
Attorney General, and that part VIIA shall expire on 31
December 1980 unless otherwise determined by the Legislative
Council.
New Part VIIB in clause 4,is almost identical in
effect to new Part VIIA, except that it relates to the
bringing of unauthorised entrants not to Hong Kong itself, but
to the waters outside Hong Kong's territorial limits, in
circunstances in which they are likely to enter Hong Kong.
The penalties, defences, liability to forfeiture, provision
for expiration on 31 December 1980, etc. are the same,
subject only to necessary modification.
Section 47 of the principal Ordinance already
provides for the forfeiture of ships and vehicles used to
transport illegal immigrants. But the ordinance does not
provide for the forfeiture of other property, especially
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