C280
Compensation for seizure
of ship or property.
Entry of
ships with
unauthorized
IMMIGRATION (AMENDMENT) (NO. 3) BILL
the court shall, whether or not any person is convic'ed of any such offence, order the forfeiture of such property unless it is satisfied that it would not be just to do so or that there is other good reason why it should not do so.
37H. (1) Where any ship or other property is seized under this Part and subsequently released to the owner, whether on the order of a court or otherwise, the owner or person in lawful possession may within 6 months of such release apply to the District Court or the High Court for compensation for any loss arising out of the seizure, which shall be recoverable as a civil debt due from the Govern- ment, and such application may be begun by motion.
(2) An award of compensation under subsection (1) shall be an award of such sum, if any, as is just and equit- able in all the circumstances of the case, including the conduct and comparative blameworthiness of-
(a) the owner of the ship or other property;
(b) the person in charge or control of the ship or other
property at the time it was seized;
(c) the agents of the persons specified in paragraphs
(a) and (b); and
(d) public officers and any other persons concerned.
371. (1) Notwithstanding anything in this Part, no offence is committed, and no ship shall be liable to entrants may be forfeiture, under this Part in respect of the presence of an
unauthorized entrant on board a ship-
permitted in
certain circums- tances.
(a) which the Governor has in his discretion on special grounds granted permission to enter Hong Kong;
or
(b) whose first port of call is Hong Kong, if the un- authorized entrant was taken on board without reward pursuant to a legal obligation to go to his assistance.
(2) In any proceedings for an offence under this Part or for forfeiture arising out of such an offence, until it is 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;
ог
(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
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