TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 26

IMMIGRATION (AMENDMENT) (NO. 3)

Ord. No. 61/79

A187

Prosecution

for acts outside Hong Kong.

Proof.

proved that an unauthorized entrant was taken on board a ship-

(a) without reward;

(b) pursuant to a legal obligation to go to the assist-

ance of the unauthorized entrant; and

(c) whose first port of call was Hong Kong,

the contrary shall be presumed.

(3) For the purposes of this section "legal obligation" means an obligation imposed upon the state where the ship is registered, pursuant to-

(a) an International Covention for the Safety of Life at Sea which has been acceded to by the United Kingdom and extended to Hong Kong;

(b) any other international convention acceded to by the United Kingdom and extended to Hong Kong;

or

(c) customary international law.

(4) For the purposes of this section Hong Kong is the first port of call of a ship if-

(a) (i) immediately before the ship first went to the assistance of any unauthorized entrants it was in the course of a business or commercial voyage and the next port of call at which the ship was due to call was Hong Kong; and

(b)

(ii) immediately after going to the assistance of the unauthorized entrants the ship proceeded directly to Hong Kong; or

(i) it is necessary for the ship to enter Hong Kong as a port of refuge because there is a risk to the ship's safety arising from weather conditions or from the carriage of hazardous cargoes together with unauthorized entrants or because the lives of the crew or other persons on board the ship are in danger;

(ii) the captain, owner or agent informs the Director of Marine at the earliest practicable op- portunity of such of the circumstances specified in sub-paragraph (i) as apply to the ship; and

(iii) the Secretary for Security in his discretion grants permission for the ship to enter Hong Kong.

37J. Without prejudice to any law or enactment to the like or a similar effect as that of this section, where any person is in Hong Kong, he may be charged and convicted in respect of anything which was done or which occurred wholly or partly outside Hong Kong that would have been an offence under this Part if it had been done or had occurred within Hong Kong.

37K. (1) A person who in any proceedings under this Part is alleged to be an unauthorized entrant shall be pre- sumed to be such until the contrary is proved.

(2) Where a person is charged with an offence under this Part as being the owner of a ship, or the agent of the owner, or as being a member of the crew of a ship, a certificate purporting to be signed by a police officer of the