TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 29

A190

Ord. No. 61/79

Addition of new section 46A.

Forfeiture of ships.

Application to this Part

of provisions

of Part VIIA.

Additional powers and saving.

Expiry of this Part.

IMMIGRATION (AMENDMENT) (NO. 3)

(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 passage or whose carriage on a ship is the subject of the charge, was an unauthorized entrant; or

(b) that the ship in relation to which he is charged was carrying, or would carry, any unauthorized entrant,

as the case may be.

37Q. (1) Where a ship is used in the commission of an offence under section 370 or 37P, the ship shall be liable to forfeiture whether or not any person is convicted in respect of any such offence.

(2) Sections 37E and 37F shall apply in relation to a ship which is liable to forfeiture under subsection (1) as they apply to a ship which is liable to forfeiture under section 37E(1), and accordingly in section 37F(10) the references to sections 37C and 37D shall, for the purposes of this section, be construed as if they were references to sections 370 and 37P respectively.

37R. (1) Subject to subsection (2), sections 37G, 37H, 371, 37J, 37K and 37L shall apply and have effect for the purposes of this Part as if they were contained in this Part. (2) For the purposes of construing section 37G in its application to this Part in accordance with subsection (1), the references in that section to sections 37C and 37D shall be deemed to be references to sections 370 and 37P respectively.

37S. (1) Any power under this Ordinance that may be exercised within the waters of the Colony may, for the purposes of preventing the commission of any offence under this Ordinance, or of preventing the entry to Hong Kong of unauthorized entrants, be exercised in waters outside the waters of the Colony.

(2) No action shall lie for anything done or purported to be done under the provisions of this Ordinance in waters outside the waters of the Colony which would not be action- able if done within the waters of the Colony.

37T. This Part shall expire on 31 December 1980 unless the Legislative Council by resolution otherwise determines.".

The principal Ordinance is amended by adding after section 46 the following sections-

5.

"Forfeiture of property other than a ship or vehicle.

46A. (1) An application may at any time be made by the Attorney General to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the High Court by motion, for forfeiture under sub- section (2) of any property other than a ship or vehicle.