REGISTRATION OF PERSONS ORDINANCE

REGISTRATION OF PERSONS ORDINANCE

CHAPTER 177.

REGISTRATION OF PERSONS.

To provide for the registration of persons the issue of
identity cards aitd for purposes incidental thereto.

[19th August, 1949.]

1. This Ordinance may be cited as the Registration
of Persons Ordinance.

2. (1) In this Ordinance-
'applicant' means a person required to make application
for registration under the provisions of section 4;
'employer' means the head of any department of
government in the Commonwealth, or of any depart-
ment of the Government of Hong Kong or the
departmental or divisional head of any ecclesiastical,
charitable, educational, professional, social, commer-
cial, industrial, agricultural or fisheries organization
in the Colony;
'forgery' has the same meaning as in the Forgery
Ordinance;
'identity card' means a card of identity issued by or on
behalf of the Registration Commissioner under the
provisions of this Ordinance;
'register' means the register of persons kept by the
Registration Commissioner;
'Registration Commissioner' means the officer appointed
as commissioner of registration for the Colony;
'assistant commissioner' means an officer appointed as
assistant commissioner of registration for the Colony;
'registrar' means an officer appointed as registrar of
persons for the Colony;
'assistant registrar' means an officer appointed as assistant
registrar of persons for the Colony;
'registration officer' means the Registration. Commissioner
or any assistant commissioner, registrar or assistant
registrar.

(2) Save where the contrary expressly appears or other
provision is made by rule any order or direction required
by this Ordinance may be given verbally or in writing.





3. (1) The Governor may appoint, by name or
office, an officer to be Commissioner of Registration, and
officers to be styled assistant commissioners of registra-
tion, registrars 'and assistant registrars.

(2) The powers and discretions vested in the
Registration Commissioner hereunder and duties required
to be discharged by him may be exercised and discharged
by an assistant commissioner or such other officers as the
Governor may specify by notification in the Gazette.

4. (1) Subject to the provisions of subsection (2)
of section iS every person being in the Colony on the
coming into force of this Ordinance or. who thereafter
enters the Colony shall make application to be registered
under this Ordinance.

(2) Notwithstanding the provisions of subsection (i),
if administrative convenience so requires the Governor
may direct that such registration of all persons shall be
effected progressively according to description or category
of persons to be specified from time to time by order made
under 'this subsection and published in the Gazette.

(3) On publication. of any such order every person
so described or being a person of a category so specified
shall make application to be registered under this
Ordinance.

(4) Every application for registration made in com-
pliance with subsection (i) shall be made in manner
prescribed and every such application. made in compliance
with an. order made under subsection (2) -shall be made in
such manner as may he specified In. such order, and in
manner. prescribed.

5 (1) Every person who enters the Colony after the
publication of an order made under subsection. (2) Of
section, 4 shall, if he. is a person described or a person
of a. category specified in such order, make application
within seven days of his entry into the Colony to be
registered under this Ordinance.

(2) Every person, who is not a person described or a
person of a category specified in an order made under
subsection (2) of section 4 at the date of the publication of





such order, shall, if he subsequently becomes a person
so described or a person of such category, thereupon make
application to be registered under this Ordinance.

(3) Every application for registration made under this
section shall be made in such manner as may be specified
in such order and in manner described.

6. The Registration Commissioner shall cause to be
maintained such register as may be prescribed. in which
shall be entered the name 'and such other particulars as
may be prescribed of any applicant: Provided that a
registration officer may refuse to enter the name and
particulars or, if already entered, may delete the name and
particulars of any applicant whom he has reason to believe
has supplied him with particulars which are materially
false.

7. It shall be lawful to require applicants for registra-
tion under this Ordinance to submit to the recording of
fingerprints and the taking of photographs by the
prescribed officer.

8. It shall be lawful for a registration officer-
(a)to summon before him any person and require him
to answer any question which he may reasonably
consider necessary to ask him for the purpose of
the carrying out of the provisions of this Ordin-
ance or of rules made hereunder;
(b)to require any applicant to make such further
declaration or supply such further particulars as
he may reasonably require;
(c)to require any employer who has made application
for registration on behalf of any person to make
such further declaration or supply such further
particulars as he may reasonably require.

9. The Registration Commissioner or any police
officer authorized in writing by the Registration Commis-
sioner in that behalf, may-
(a)arrest and bring before a magistrate any person
whom he has reason to suspect of having
contravened or attempted to contravene any of the
provisions of this Ordinance or of any rules made
hereunder





(b)search the person and property and effects of any
person whom it is lawful for such officer to detain
or arrest: Provided that a female shall be
searched by a female, and that no person shall be
searched in a public place if he objects to being
so searched;
(c)search any place in which such officer has reason
to suspect that there may be anything which may
be evidence of any contravention or intended
contravention of any of the provisions of this
Ordinance or of any rules made hereunder or
which may belong to or be in the possession of or
under the sole or partial control of any person
whom it is lawful for such officer to detain. or
arrest and take and carry away any such thing.

10. (1) The Registration Commissioner shall issue
identity cards to all persons whose names and particulars
have been entered in the register.

(2) Each identity card shall be in such form and shall
contain such particulars as may be prescribed.

(3) It shall be lawful for the Registration Commis-
sioner to call for and to cancel the identity card of any
person whose name he deletes from the register in
accordance with section 6.

11. It shall be lawful for the Registration Commis-
sioner to dismiss without notice and without formal inquiry
any registrar, assistant registrar or subordinate member of
the department of the Registration Commissioner who he
is satisfied has been guilty of misconduct or has been
negligent or inefficient in the performance of his duty.

12. Any person who-
(a)fails to apply to be registered under section 4 or
5, or who obstructs any order made under section
4; or
(b)fails to comply with a requirement for the taking
of fingerprint impressions or of photographs made
under section 7, or who obstructs any such require-
ment; or
(c)fails to comply with a summons or a requirement
of a registration officer made under section 8; or





(d) commits forgery of any document, provision for
which is made in this Ordinance or in rules made
hereunder; or
(e) without lawful authority makes any mark,or entry
upon, or erases, cancels or alters any mark or entry
contained in, or otherwise defaces or destroys an
identity card, or transfers an identity card; or
(f) without lawful authority or reasonable excuse
knowingly obtains or is in possession of more than
one identity card or is in possession of an identity
card,other than his own; or
(g) makes any statement or furnishes any information
to any registration officer or to his employer under
the provisions of this Ordinance or of rules made
hereunder, whether such statement or information
be verbal or in writing, which is false in any
material particular and which he either knows or
has reason to believe is false; or
(h) resists or obstructs a registration officer or a police
officer in the performance of his duties under this
Ordinance or of rules made hereunder or who
resists or obstructs any detention, arrest, search,
seizure or removal which is authorized by this
Ordinance; or
(i) falsely pretends that he is a registration officer or
other officer appointed by virtue of this Ordinance;
or
without lawful authority purports to perform the
functions of a registration officer or other officer
appointed by virtue of this Ordinance; or
(k) attempts to commit or who aids and abets or who
commands, procures and counsels any person to
commit any offence made punishable by this
section,
shall be guilty of an offence Penalty : a fine of two
thousand dollars and imprisonment for one year.

13. (1) The Governor in Council may by rules pres-
cribe or provide for-
(a) the manner in which application for registration of
persons under this Ordinance shall be made;
(b) forms;





(c)the information to be furnished to a registration
officer;
(d)the documents to be furnished to a registration
officer;
(e)the taking and recording of photographs and
fingerprints of applicants aiid to make provision
for the destruction of the same on expiration of
this Ordinance;
the form of and the particulars to be entered in.
the register;
(g)the form of and the particulars to be entered on
identity cards, including provision for photographs
and fingerprints of the person to whom such card
relates ;
(h)the issue of duplicate identity cards in case of loss,
destruction or defacement;
(i)the custody and carriage of and the production
to specilied persons of identity cards;
(j) times and places for the attendance before a
registration officer of applicants and holders of
identity cards;
(k) exemption of any person or category of persons
either wholly or in part from the provisions of this
Ordinance;
(l) fees ;
(m)generally carrying into effect the provisions of this
Ordinance in relation to any matter, whether similar
or not to those in this subsection mentioned, as to
which it may be convenient to make rules.

(2) Any rule made under this Ordinance may provide
that a contravention thereof shall be an offence and pres-
cribe penalties therefor : Provided that no penalty so
prescribed shall exceed a fine of one thousand dollars and
imprisonment for six months.

14. The burden of proving the truth of the contents
of any written application for registration or the contents
of an identity card shall lie on the applicant, or on the
person to whom such identity card has been issued, or on
any other person alleging. the truth of such contents.

15. The following persons shall be exempted from the
provisions of this Ordinance-





(a) the Covemor;
(b) members of His Majesty's regular naval, military
or air forces in possession of the official identity
card or document of identity nornially issued to
members of Such forces;
(c) members of the police force;
(d)any bona fide traveller in transit through the
Colony provided he is in possession of a passport
or of an offiehal document of identity, bearing a
transit visa issued by a competent authority;
(e) children under the age of twelve years;
(9) any person exempted by rule made tinder section
13 :
Provided that ihe burden of proving that a person is
exempted from the provisions of this Ordinance shall be
on the person claiming exemption.

16. (1) It shall be lawful for Legislative Council by
resolution--
(a) from time to time to declare the suspension of the
operation of this Ordinance from the date named
in the resolution ; and
(b)from time to time to delcare that any suspension
declared under paragraph (a) shall termination as
from the date mentioned in the resolution.

(2) The suspension of this Ordiriance under paragraph
(b) of subsection (1) shall until the termination of such
suspension have the same effect as the repeal of an enact-
ment.

(3) The termination of the suspension under paragraph
(b) of subsection (1) shall have the same effect as if the
Ordinance had been re-enacted and come incto operadon on
the date as from which the suspension is declared to
terminate save and except that any rules which were in
force at the date when the suspersion, which has thus been
terminated, came into effect, shall revive and continue lo
have full force and effect.
37 of 1949. Short title. Interpretation. (Cap. 209). Appointments. Compulsory registration of all persons. Registration of persons becoming subject to Order after date of publication. Maintenance of register. Fingerprint impressions and photographs. Registration officer may call for further information. Powers of Registration Commissioner. [s. 9 cont.] Identity cards. Disciplinary powers of Registration Commissioner. Offences. Rules [s. 13 cont.] No presumption regarding contents of identity cards, etc. Exemptions. Power to suspend or revive operation of the Ordinance.

37 of 1949. Short title. Interpretation. (Cap. 209). Appointments. Compulsory registration of all persons. Registration of persons becoming subject to Order after date of publication. Maintenance of register. Fingerprint impressions and photographs. Registration officer may call for further information. Powers of Registration Commissioner. [s. 9 cont.] Identity cards. Disciplinary powers of Registration Commissioner. Offences. Rules [s. 13 cont.] No presumption regarding contents of identity cards, etc. Exemptions. Power to suspend or revive operation of the Ordinance.

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