TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 22

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