A430
Ord. No. 75/81
IMMIGRATION (AMENDMENT) (NO. 4)
HONG KONG
No. 75 OF 1981
IMMIGRATION (AMENDMENT) (NO. 4)
Ord. No. 75/81
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"has landed in Hong Kong unlawfully or intended or attempted so o do or is contravening or has contravened a condition of stay in respect of him”.
I assent.
6.
Section 18 of the principal Ordinance is amended-
Amendment of section 18.
Short title.
Amendment of
section 2.
(Cap. 115.)
L.S.
Murray MacLEHOSE, Governor.
10 December 1981
An Ordinance to amend the Immigration Ordinance.
[11 December 1981]
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Immigration (Amendment) (No. 4) Ordinance 1981.
2.
Section 2(2) of the principal Ordinance is amended by inserting after "Immigrants Control Ordinance" the following-
and for the avoidance of doubt it is hereby declared that no person shall be held not to have landed unlawfully--
Amendment of section 4.
3.
Amendment of section 17D.
Amendment of
section 17E.
(a) by reason only of any presumption, conclusive or rebuttable, that he cannot be guilty of an offence or is incapable of committing a crime; or
(b) on the ground only that he is not guilty of an offence under subsection (1) of section 38 in respect of paragraph (a) of that subsection".
Section 4 of the principal Ordinance is amended
(a) in subsection (1)(a) by deleting "arrival in or prior to his depar-
ture from Hong Kong" and substituting the following--
"arrival or landing in or prior to his departure from Hong Kong, or if he has reasonable cause for believing that such person landed in Hong Kong unlawfully, at any time"; and (b) in subsection (1)(b) by deleting "committing or has committed an offence under section 38(1)(b) or section 41" and substituting the following-
4.
"contravening or has contravened a condition of stay in respect of him".
Section 17D(3) of the principal Ordinance is amended by deleting "be guilty of an offence under section 38(1) or 41" and substituting the following-
"have landed in Hong Kong unlawfully, or have intended or attempted so to do, or is contravening or has contravened a condition of stay in respect of him”.
5.
Section 17E of the principal Ordinance is amended by deleting "is committing or has committed an offence under section 38(1) or section 41" and substituting the following—
:
(a) in subsection (1)(a) by deleting "is" and substituting the follow-
ing-
66
pursuant to any examination whatsoever under section 4(1)(a), is under section 11(1)"; and
(b) in subsection (2) by deleting "was refused such permission" and
substituting the following-
7.
"landed".
Section 19(1)(b) of the principal Ordinance is amended by delet- Amendment of ing sub-paragraph (ii) and substituting the following-
(75 of 1981.)
"(ii) has (whether before or after commencement of the Immigration (Amendment) (No. 4) Ordinance 1981) landed in Hong Kong unlawfully or is contravening or has con- travened a condition of stay in respect of him.".
section 19.
8. The principal Ordinance is amended by adding after section 37D Addition of the following
"Assisting unauthorized entrant to remain.
9.
37DA. (1) Any person who assists an unauthorized entrant to remain in Hong Kong commits an offence and shall be liable-
(a) on conviction on indictment, to a fine of $200,000
and to imprisonment for 10 years; and
(b)
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 that the person he assisted was an un- authorized entrant.".
new section 37DA.
Section 53(2)(a) of the principal Ordinance is amended by delet- Amendment of ing "committed an offence under section 38(1) (whether or not he has section 53. been convicted of that offence)" and substituting the following—
"landed in Hong Kong unlawfully".
10. Section 56 of the principal Ordinance is amended-
(a) in subsection (1)(e) by inserting after "Ordinance”, in the second
place where it occurs, the following—
"or of the landing of any person in Hong Kong unlawfully"; and
(b) in subsection (1A)(b) by inserting after "Ordinance" the follow-
ing-
or has landed in Hong Kong unlawfully and has not been authorized by the Director to remain”.
Amendment of section 56.
11. Section 58(2) of the principal Ordinance is amended by inserting Amendment of after "contravention of section 38(1)(a)," the following-
"or that a ship is being or has been used in landing any person in Hong Kong unlawfully,".
section 58.
No comments yet.
Private notes are available after approval.