TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 257

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money, which is used for the commission, or constitutes

the proceeds of, offences of this nature.

accordingly provides for this.

Clause 5

Clause 6 makes it clear that officers in command

of Her Majesty's ships of war and auxiliary vessels have,

in addition to the existing powers to seize and detain ships

under section 58 of the principal Ordinance, the power to

tow and move ships suspected of having been or being used in

the commission of certain offences.

Clause 7 provides that the Governor may authorize

the captains or persons in command of other ships to

exercise the powers conferred by section 58.

Section 63A provides that in prosecutions for

assisting illegal immigrants, their status as illegal

immigrants may be established, until the contrary is proved,

by certificates of the Director. Clause 3 extends this

facility for proof to proceedings against captains and owners

of ships from which illegal immigrants land or are seeking

to land.

Clause 2 makes it clear that the various sanctions

in the Ordinance in respect of ships, apply to all vessels

of whatever description, including barges.

The enactment of this Bill will not of itself

result in any additional financial or public service staffing

requirements, apart from compensation, which it is not

possible to estimate, that may have to be paid under

sections 37H and 37R.

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