1964_IMMIGRATION_ORDINANCE — Page 60

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Immigration

[CAP. 115

(2) Where a person is charged with an offence under this Part as being the owner of a ship, or the agent of the owner, or as being a member of the crew of a ship, a certificate purporting to be signed by a police officer of the rank of Superintendent or above and certifying that the person charged was, at the date on which the offence is alleged to have taken place, in the honest belief of that officer (Amended 15 of 1980 s. 7)

(a) the owner of the ship; or

(b) the agent of the owner; or

shall be admitted in evidence on its production without further proof and until the contrary is proved it shall be presumed that-

(i) the certificate was signed by the person by whom it purports to have been signed;

(ii) the person who signed the certificate was a police officer of the rank stated in the certificate; and

(iii) the person charged was, at the date on which the offence is alleged to have taken place, the owner of the ship, the agent of the owner or, as the case may be, the captain or other member of the ship's crew.

37L. Attorney General to consent to prosecution

No prosecution shall be brought under this Part without the consent of the Attorney General.

37M. Expiry of this Part

7991

This Part shall expire on 31 December 1990 unless the Legislative Council by resolution otherwise determines.

(Part VIIA added 61 of 1979 s. 3. Extended L.N. 315 of 1980; L.N. 373 of 1981; L.N. 392 of 1982; L.N. 368 of 1983; L.N. 382 of 1984; L.N. 353 of 1985; L.N. 277 of 1986; L.N. 396 of 1987; L.N. 334 of 1988; L.N. 385 of 1989)

PART VIIB

SPECIAL PROVISIONS

315/0.

37N. Interpretation

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

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1989 Ed.] Immigration [CAP. 115 59 (2) Where a person is charged with an offence under this Part as being the owner of a ship, or the agent of the owner, or as being a member of the crew of a ship, a certificate purporting to be signed by a police officer of the rank of Superintendent or above and certifying that the person charged was, at the date on which the offence is alleged to have taken place, in the honest belief of that officer (Amended 15 of 1980 s. 7) (a) the owner of the ship; or (b) the agent of the owner; or (c) the captain or other member of the ship's crew, shall be admitted in evidence on its production without further proof and until the contrary is proved it shall be presumed that- (i) the certificate was signed by the person by whom it purports to have been signed; (ii) the person who signed the certificate was a police officer of the rank stated in the certificate; and (iii) the person charged was, at the date on which the offence is alleged to have taken place, the owner of the ship, the agent of the owner or, as the case may be, the captain or other member of the ship's crew. 37L. Attorney General to consent to prosecution No prosecution shall be brought under this Part without the consent of the Attorney General. 37M. Expiry of this Part 7991 This Part shall expire on 31 December 1990 unless the Legislative Council by resolution otherwise determines. (Part VIIA added 61 of 1979 s. 3. Extended L.N. 315 of 1980; L.N. 373 of 1981; L.N. 392 of 1982; L.N. 368 of 1983; L.N. 382 of 1984; L.N. 353 of 1985; L.N. 277 of 1986; L.N. 396 of 1987; L.N. 334 of 1988; L.N. 385 of 1989) PART VIIB SPECIAL PROVISIONS 315/0. 37N. Interpretation 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 Page 60 Page 61 60 CAP. 115]

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