TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 178

CONFIDENTIAL

機密

20

(2) In any proceedings for an offence

under this Part or for forfeiture arising

out of such an offence, until it is proved

that a prohibited immigrant was taken on

board a ship

(a) without reward;

(b) pursuant to a legal obligation

on the captain of the ship to

go to the assistance of the

prohibited immigrant; and

(c) whose first port of call was

Hong Kong,

the contrary shall be presumed.

(3)

For the purposes of this

section

(a)

"legal obligation" means an

obligation imposed by the law

of the state where the ship

is registered, pursuant to -

(i)

an International Conven-

tion for the Safety of Life

at Sea which has been acceded

CONFIDENTIAL ##

機密