TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 238

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機密:

CONFIDENTIAL #2

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

J

(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 #2