1964_IMMIGRATION_ORDINANCE — Page 64

1989 Ed.]

Immigration

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(b) having landed in Hong Kong unlawfully, remains in Hong Kong without the authority of the Director,

shall be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to imprisonment for 3 years.

(2) A person may land in Hong Kong, without the permission of an immigration officer or immigration assistant, for the purpose of examination under section 4(1)(a) in accordance with arrangements in that behalf approved by the Director, and if he submits himself forthwith to such examination shall be deemed for the purposes of subsection (1) not to have landed unless and until permission to land is granted to him. (Amended 15 of 1980 s. 10)

(3) The Governor may by order provide that subsection (1) shall not apply to an immigrant who lands from a ship or aircraft in such circumstances as may be specified in the order.

(4) If a person lands from a ship in contravention of subsection (1)(a)-

(a) the captain of the ship; and

(b) the owner of the ship and his agent,

shall be guilty of an offence and shall be liable-

(i) on conviction on indictment, to a fine of $100,000 and to imprisonment for 7 years; and

(ii) on summary conviction, to a fine of $100,000 and to imprisonment for 3 years,

unless he proves that all reasonable steps had been taken to ensure that persons did not land from the ship in contravention of subsection (1).

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39. Liability of captain of ship carrying persons seeking to land unlawfully

If a person on board a ship is seeking to land from the ship in contravention of section 38(1)(a), the captain of the ship shall be guilty of an offence and shall be liable-

(a) on conviction on indictment, to a fine of $100,000 and to imprisonment for 7 years; and

(b) on summary conviction, to a fine of $100,000 and to imprisonment for 3 years,

unless he proves that he did not know and had no reason to suspect that such person was seeking to land in contravention of section 38(1)(a).

40. Aircraft passengers arriving without valid travel document

If a passenger who arrives in Hong Kong in an aircraft does not have a valid travel document, the owner of the aircraft and his agent shall be guilty of an offence and shall be liable on conviction to a fine of $1,000.

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