TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 50

C276

Arranging

IMMIGRATION (AMENDMENT) (NO. 3) BILL

(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 time of the entry of the ship into Hong Kong 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 unauthorized entrant was brought to Hong Kong, he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship.

(c) A person accused of an offence under subsec- tion (1)(c) shall not be convicted of such offence if he proves that on the date or dates on which he participated in making any such arrangements as are referred to in that subsection he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship. (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 any unauthorized entrant was brought to Hong Kong, he did not know and had no reason to suspect that any unauthorized entrant would be carried on the ship; and

(ii) that he informed the Director at the earliest practicable opportunity of the presence on board the ship of unauthorized entrants.

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

passage to Hong Kong

entrants.

(a) arranges or assists the passage to, or within, Hong

Kong;

(b) offers to arrange or assist the passage to, or within,

Hong Kong; or

(c) does or offers to do an act preparatory to or for the purpose of arranging or assisting the passage to, or within, Hong Kong,

of a person who is, or of a conveyance which carries, an un- authorized entrant, commits an offence and is liable-

(i) cn 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 carriage on a conveyance or whose passage is the subject of the charge, was an unauthorized entrant; or