Section 78Part 6 — Entry and Landing
Offences relating to illegal landing and powers of arrest
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A person who —
lands or attempts to land in the Islands;
does any act preparatory to landing in the Islands; or
remains or resides in the Islands,
where such landing, preparing, remaining or residing is or would be in contravention of this Law, commits an offence and is liable on summary conviction to a fine of twenty thousand dollars and to imprisonment for five years.
A person who —
knowingly assists or causes another to land in, or to depart from, the Islands;
connives in such landing or departure; or
wilfully does an act preparatory to paragraph (a) or (b),
whether or not that other person knew that there was a contravention of this Law, in circumstances where such landing or departure is, or would be, in contravention of this Law, commits an offence and is liable on summary conviction to a fine of fifty thousand dollars and to imprisonment for seven years.
The court before which a person is convicted of an offence under subsection (2) may order the forfeiture of a vehicle or vessel used or intended to be used in connection with the offence if the convicted person —
owned the vehicle or vessel at the time the offence was committed;
was at that time a director, secretary, manager or other responsible officer of a company which owned the vehicle or vessel;
was at that time in possession of the vehicle or vessel under a hire-purchase agreement;
was at that time a director, secretary, manager or other responsible officer of a company which was in possession of the vehicle or vessel under a hire-purchase agreement;
was at that time a charterer of the vessel; or
committed the offence while acting as master of a vessel.
An immigration officer or constable may arrest without warrant any person who has committed or whom he reasonably suspects to have committed an offence under this Law.
The Chief Immigration Officer may, if he intends to recommend the deportation of a person convicted of a criminal offence, detain him in such place and for such period, not exceeding seven days as he may direct, save that a person to whom the Board has granted permanent residence shall not, while he continues to enjoy the benefit of the grant, be subject to a deportation order.
Where a person who claims to have an interest in a vehicle or vessel applies to a court to make representations on the question of forfeiture, the court may not make an order under this section in respect of the vehicle or vessel unless the person has been given an opportunity to show cause why the order should not be made.