TNAG-1199-FCO40-1501-Hong-Kong-immigration-legislation-1982 — Page 232

C580

Amendment of section 19.

Addition of

new section 37DA.

Amendment of section 53.

IMMIGRATION (AMENDMENT) (NO. 4) BILL

(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- ing sub-paragraph (ii) and substituting the following-

( 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.".

8. The principal Ordinance is amended by adding after section 37D 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.”.

Section 53(2)(a) of the principal Ordinance is amended by delet- ing "committed an offence under section 38(1) (whether or not he has been convicted of that offence)" and substituting the following-

"landed in Hong Kong unlawfully”.

10. Section 56 of the principal Ordinance is amended—

Amendment of section 56.

(a)

Amendment of section 58.

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-

66

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or has landed in Hong Kong unlawfully and has not been authorized by the Director to remain".

11. Section 58(2) of the principal Ordinance is amended by inserting 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,".

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