TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 56

C282

Addition of Part VIIB.

4.

IMMIGRATION (AMENDMENT) (NO. 3) BILL

The principal Ordinance is amended by adding immediately before Part VIII the following Part-

Interpretation.

Offence by

crew etc.,

unauthorized

"PART VIIB

SPECIAL PROVISIONS

37N. In this Part-

'passage" in relation to an unauthorized entrant includes the travel and transport of the unauthorized entrant by ship, aircraft, vehicle or any other means whatsoever; and

"unauthorized entrant" means a person belonging to a class or description of persons who, by an order made under section 37B, are declared to be unauthorized entrants, other than a person who under subsection (2) of that section is excepted from the declaration in such order.

370. (1) Subject to subsection (2), if a ship is in waters outside the waters of the Colony with unauthorized

of ship carrying entrants on board, or assisting unauthorized entrants, in such circumstances that any of them is likely to enter, or to seek to enter, or to be brought into Hong Kong-

entrants.

(a) each member of the crew;

(b) the owner of the ship and his agent; and (c) any person who participated in making arrange- ments to enable the voyage on which any of the unauthorized entrants boarded or were assisted by the ship or were brought to such waters, to take place, or to enable such assistance to be provided, 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