TNAG-1089-FCO40-1339-Illegal-immigration-from-China-to-Hong-Kong-1981 — Page 42

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(16)

in subsection (1A) (b) by inserting after "Ordinance"

the following

", or has landed in Hong Kong unlawfully

and has not been authorized by the Director

to remain".

Amendment of section 58.

10.

Section 58(2) of the principal Ordinance is

amended by inserting after "contravention of section

38(1)(a)," the following

GF 323

"or that a ship is being or has been used in landing

any person in Hong Kong unlawfully,".

J.

نانه

Explanatory Memorandum

The unlawful landing i.e. unlawful entry of a person

into Hong Kong is an offence under section 38(1) of the

Immigration Ordinance. Many of the sanctions in the

Immigration Ordinance against unlawful landing e.g. removal,

forfeiture and evidentiary presumptions are for that reason,

L.

.A.

in terms applied to the commission of an offence under

section 38(1) and to activities relating to such an offence.

This could have the result that notwithstanding unlawful

landing, where certain ordinary ingredients of a criminal

offence e.g. knowledge, intention and capacity, cannot be

established, the sanctions might not be available.

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