TNAG-0908-FCO40-1118-Legislation-for-immigration-into-Hong-Kong-1979 — Page 59

;

Power to restrain disposal

of property.

IMMIGRATION (AMENDMENT) (NO. 3) BILL

person who is not before the court may claim ownership of. or an interest in, the property which may be forfeited, it shall give that person an opportunity to make representa- tions to the court as to why such an order should not be made.

46B. (1) A court, in the course of a prosecution under this Ordinance, or of the hearing of any application by the Attorney General for forfeiture under this Ordinance, may of its own motion or upon application by the Attorney General, by written notice to any person in possession or control of money or property that may be forfeited, direct that such person shall not dispose of or otherwise deal with the property specified in the notice without the consent of the court.

(2) A person who disposes of, or otherwise deals with property specified in a notice under subsection (1) other than in accordance with the consent of the court shall be guilty of an offence and liable to a fine of $50 000 or the value of the property disposed of or otherwise dealt with, whichever is the greater, and to imprisonment for 3 years.".

6. Section 58(2) of the principal Ordinance is amended- (a) by inserting after "38(1)" the following-

"or, while it is in force, Part VIIA or Part VIIB";

(b) by deleting "and" at the end of paragraph (a); and (c) by inserting after paragraph (a) the following—

"(aa) tow or otherwise move the ship; and".

C285

Amendment of section 58.

7. The principal Ordinance is amended by adding after section 58 the Addition of following section-

"Powers of persons in charge of authorized vessels.

8.

58A. (1) For the purposes of this Ordinance, the captain or person in charge of any vessel, or any vessel belonging to a class or description of vessels authorized by the Governor for the purposes of this section, and any person under the command of such captain or person may exercise respectively the powers conferred by section 58 on an officer in command of any of Her Majesty's ships of war and on any person under the command of such officer. (2) Without prejudice to section 51, the Governor may give directions to any person with respect to the exercise of any powers under this section, either generally or in any particular case.

(3) A person shall, in the exercise of any powers under this section, comply with any directions given by the Governor under subsection (2).".

Section 63A of the principal Ordinance is amended-

(a) by inserting after "a person is charged with" the following-

"an offence under section 38(4) or section 39 or with"; and (b) by inserting after "certifying that that" the following-

"or any".

new section 58A.

Amendment of section 63A.