TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 28

IMMIGRATION (AMENDMENT) (NO. 3)

Ord. No. 61/79

A189

Arranging passage of unauthorized entrants.

commits an offence and is liable-

(i) on conviction on indictment to a fine of $5 000 000

and to imprisonment for life; and

(ii) on summary conviction to a fine of $100 000 and

to imprisonment for 3 years.

(2) (a) The captain or owner of a ship shall not be convicted of an offence under subsection (1) if he proves that at the date of the alleged offence he did not know, had no reason to suspect and could not with reasonable diligence have discovered that there was on board the ship any unauthorized entrant.

(b) A person who is a member of the crew of a ship other than the captain shall not be convicted of an offence under subsection (1) if he proves that prior to the commencement of the voyage on which the offence is alleged to have been committed, he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship or be assisted by it in the circumstances specified in subsection (1).

(c) A person accused of an offence under subsection (1)(c) shall not be convicted of such offence if he proves that on the date or dates on which the offence is alleged to have been committed he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship or be assisted by it in the circumstances specified in subsection (1).

(d) A person who is the agent of the owner of a ship shall not be convicted of an offence under sub- section (1) if he proves-

(i) that prior to the commencement of the voyage on which the offence is alleged to have been committed, he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship or be assisted by it in the circumstances specified in subsection (1); and

(ii) that where there were unauthorized entrants on board the ship he informed the Director at the earliest practicable opportunity of that fact.

37P. (1) Subject to subsection (2), any person who, on his own behalf or on behalf of any other person, whether or not such other person is in Hong Kong-

(a) arranges or assists the passage to, or through, waters

outside the waters of the Colony;

(b) offers to arrange or assist the passage to. or

through, such waters; or

(c) does or offers to do an act preparatory to or for the purpose of arranging or assisting the passage to, or through, such waters,

of a person who is, or of a ship which carries, an un- authorized entrant in such circumstances that the unau- thorized entrant is likely to enter, or to seek to enter, or to be brought into, Hong Kong commits an offence and is liable-