IMMIGRATION ORDINANCE

IMMIGRATION ORDINANCE

LAWS OF HONG KONG

IMMIGRATION ORDINANCE

CHAPTER 115





CHAPTER 115

IMMIGRATION ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1 Short title ........................................
............................................ 6
2. Interpretation ................. .... 6

PARTIA

RIGHT OF ABODE IN HONG KONG

2A. Hong Kong permanent residents enjoy right of abode in Hong Kong ....... 10

PART 11

IMMIGRATION PROCEDURE

3. Arriving ships and aircraft ..........10

4. Examination of persons ............................. 11

5, Powers of Director and requirements in relation to examinations under

section 4 ...............................11
6. Returns to be furnished by captains of ships and aircraft, etc . 13

PART III

CONTROL OF IMMIGRATION

7. General provision as to immigration control 14

8. Resident British citizens and resident United Kingdom belongers have right to

land in Hong Kong .......................14
9. Special provisions as to members of crew of aircraft is
10. Special provisions as to servicemen . 16
11. Permission to land and conditions of stay 16

12. Special provisions as to giving of permission to land to members of ship's crew 18

13. Authority for illegal immigrant to remain 18

PART IIIA

VffiTNA~ ~GEES

13A. Special conditions of stay regarding Vietnamese refugees ........................ 18
13B. Appeals against warrants of detention 21





Section................................... Page
13BA......................................Lawfulness of detention 21

13C.....................Designation of refugee centres 1 22

13D......................................Detention pending decision as to permission to remain in Hong Kong, or
pending removal from Hong Kong ........22
13E......................................Removal from Hong Kong of Vietnamese refugees and persons detained
under section 13D .....................23
13F......................................Review by a Refugee Status Review Board 23
13G......................................Refugee Status Review Boards 25
13H......................................Designation of detention centres 25

PARTIV

SUPPLY OF PARTICULARS BY ALIENS AND BY
PERSONS
STAYING IN HOTELS OR 0~ LODGING PLACES

14.......................................Aliens to furnish particulars 27
15.......................................Powers to require alien to produce photographs 27
16.......................................Changes in furnished particulars 27
17.......................................Record of visitors to hotels, etc . 27
PARTIVA
REQUIREMENT TO CARRY PROOF OF IDENTITY
17A......................................Commencement and discontinuance 28
17B......................................Interpretation 29
17C......................................Carrying and production of proof of identity 29
17D......................................Arrest 30
17E......................................Examination of persons not carrying proof of identity 31

PARTIVB

PROHIBITION OF EMPLOYMENT OF ILLEGAL IMMIGRANTS
AND OTHERS

17F......................................Commencement and discontinuance 31
17G......................................Interpretation 32
17H......................................Transitional powers of employers 33
171......................................Offence to be employer of a person who is not lawfully employable 34
I7J......................................Employers to inspect documents of new employee 35

17M. Employers to inspect regularly Vietnamese refugee cards of employees and

termination of employment ..........7 35

17K......................................Records to be kept by employers 36
17L......................................Powers of enforcement 36
17LA.....................................Production of record or list 37
17M......................................Offences 37

17N. Presumption..............................................................................................................
..........................................38





Section Page
PARTY
POWER TO REMOVE OR DEPORT
18. Removal of persons refused permission to land and of members of ship's crew
who contravene certain conditions of stay 38
19. Power to order removal 39
20. Power to deport 40

21. Recommendation by court for deportation 41

22........................................Appointment of Deportation Tribunal 42
23........................................Inquiry by Deportation Tribunal 42
PART VI
SUPPLEMENTARY PROVISIONS AS TO REMOVAL AND DEPORTATION
24........................................Removal by immigration officer under section 18 43
25........................................Removal pursuant to removal order or deportation order 44

PART VII

DETENTION

26. Power to detain for inquiry .......... 45

27........................................Detention pending examination and decision as to landing 45
28........................................Detention pending determination of objection 46
29........................................Detention for inquiry as to deportation 46
30........................................Power to detain following recommendation of court for deportation 46
31........................................Detention of deportee for inquiries 47
32........................................Detention pending removal or deportation 47
33........................................Detention of persons on board ships or aircraft 48
34........................................Detention of person arrested under section 54(3) 49
35........................................General provisions as to detained persons 49
36........................................Recognizance as alternative to detention so
37........................................Recovery of cost of maintaining person detained under section 32(1) 51

PART VIIA

UNAUTHORIZED
ENTRANTS

37A.................Interpretation .......................... 51

37B.......................................Declaration of unauthorized entrants 52
37C.......................................Offence by crew etc., of ship carrying unauthorized entrants 52
37D.......................................Arranging passage to Hong Kong of unauthorized entrants 53

37DA. Assisting unauthorized entrant to remain 53





Section..................................... Page
37E...............................Forfeiture of ships 54
37F...................Determination of application for forfeiture 55
37G..............................Forfeiture of property 56
37H...................Compensation for seizure of ship or property 57

371. Entry of ships with unauthorized entrants may be permitted in certain

circumstances .........................57
37J.....................Prosecution for acts outside Hong Kong 58
37K.....................................Proof 58
31L...................Attorney General to consent to prosecution 59
37M..............................Expiry of this Part 59

PART VIIB
SPECIAL PROVISIONS

37N.......................................Interpretation 59
370.......................................Offence by crew etc., of ship carrying unauthorized entrants 60
37P.......................................Arranging passage of unauthorized entrants 61
37Q.......................................Forfeiture of ships 61
37R.......................................Application to this Part of provisions of Part VIIA 62
37S.......................................Additional powers and saving 62
37T.......................................Expiry of this Part 62

PART VIII
OFFENCES AND FORFEITURE
38.Prohibition of landing and remaining without permission, and penalty for

carrying illegal immigrant ............62
39. 9......................................Liability of captain of ship carrying persons seeking to land unlawfully 63
40. Aircraft passengers arriving without valid travel document 63
41. Breach of condition of stay ...........64

42. False statements, forgery of documents and use and possession of forged

documents ..........................64

43. Breach of deportation order, and landing from ship or aircraft in which

removal to be effected
............................................... 65

44........................................Miscellaneous offences 65
45........................................Continuance of an offence 66
46........................................Limitation of time for prosecution of summary offences 66
46A.......................................Forfeiture of property other than a ship or vehicle 66
46B.......................................Power to restrain disposal of property 67
47........................................Forfeiture of ships and vehicles 67
48........................................Determination of applications for forfeiture 68

49. Security in lieu of detention where application made for forfeiture of ship or

vehicle ...............................69
50........................................Claims for return of forfeited ships, vehicles or money 69





Section................................... Page
PARTIX
MISCELLANEOUS
51........................................Public officers to be subject to Governor's directions 70
52........................................Immigration officers to be subject to directions of Director of Immigration 70
53........................................Review of decisions of public officers 71
53A.......................................Appeal against removal orders made by Director or Deputy Director of
Immigration ...........................72
53B.......................................Removal orders not to be executed pending appeal 73
53C.......................................Dismissal of appeal without hearing 73
53D.......................................Determination of appeals 73
53E.......................................Release of successful appellant 74
53F.......................................Establishment of Immigration Tribunal 74
53G.......................................Practice and procedure of Tribunal 74
54........................................Suspension of deportation orders 75
55........................................Rescission of deportation orders 75
56........................................Miscellaneous powers of immigration officers and immigration assistants 75
56A.......................................Exercise by customs officers of certain powers of immigration officers 77
57........................................Exercise by police officers of certain powers of immigration officer 78
57A.......................................Powers of arrest by Her Majesty's forces 78
57B.......................................Resisting arrest by, and obstruction of, Her Majesty's forces 79

57C.................Definition of 'Her Majesty's forces
................................................................ 79

58.......................................Powers of Her Majesty's naval officers 79
58A......................................Powers of persons in charge of authorized vessels 80
59.......................................Power to make regulations 80
59A......................................Amendment of Schedule 1 81

60. Designation of approved immigration anchorages and approved landing

places ces ............................81
61.......................................Travel document to bear visa 81
62.......................................Presumptions 81
63.......................................Evidence of certain acts under Ordinance 82
63A......................................Evidence by certificate 83
63B......................................Admissibility of copies of records 83
64.......................................Burden of proving certain matters 84
65.......................................Recovery of moneys due under recognizance 84
66.......................................Transitional provisions 94

Schedule 1. Hong Kong Permanent Residents 85

Schedule 2. Transitional Provisions
................................................................................ 85





CHAPTER 115

IMMIGRATION

To consolidate and amend the law relating to immigration and deportation.

[1April 1972] L.N.62of1972

Originally 55 of 1971 57 of 1972, L.N. 183 of 1972, 52 of 1976, 47 of 1977, 3 of 1979, 42 of
1979, 61 of 1979, L.N. 287 of 1979,15 of 1980,62 of 1980, L.N. 302 of 1980, L.N. 303 of
1980, L.N. 315 of 1980, 35 of 1981, 64 of 1981, 66 of 1981, L.N. 373 of 1981, 75 of 1981,
42 of 1982, L.N. 346 of 1982, L.N. 392 of 1982, 78 of 1982, 79 of 1982, L.N. 87 of 1983,
55 of 1983, 24 of 1984, 31 of 1984, L.N. 382 of 1984,40 of 1985, L.N. 353 of 1985,61 of
1986, L.N. 277 of 1986,21 of 1987, 31 of 1987, L.N. 396 of 1987, R. Ed. 1987, L.N. 294
of 1988, L.N. 334 of 1988, 23 of 1989,30 of 1989,53 of 1989,65 of 1 989, L.N. 385 of
1989

PART 1

PRELIMINARY

1. short title

This Ordinance may be cited as the Immigration Ordinance.

2. Interpretation

(1) In this Ordinance, unless the context otherwise requires-

'adjudicator' means the chief adjudicator, deputy chief adjudicator and any other
adjudicator appointed under section 53F; (Added 62 of 1980 s. 2. Amended 24
of 1984 s. 2)

'approved immigration anchorage' means a place designated as an approved
immigration anchorage by order under section 60;

'approved landing place' means a place designated as an approved landing place
by order under section 60;

'Board' means a Refugee Status Review Board established under section 13G;
(Added 23 of 1989 s. 2)

'captain' means master (of a ship) and commander (of an aircraft);

'certificate of identity' means a document, other than a document of identity, which
is issued by the Director of Immigration for the purpose of international travel
to a person who is not the holder of, and is unable to obtain, a valid travel
document; (Added 66 of 1981 s. 2)

'child' means a legitimate or legitimated child, a stepchild and a child adopted in a
manner recognized by law;





'Commissioner of Registration' has the same meaning as it has in the Registration
of Persons Ordinance(Cap. 177); (Replaced 31 of 1987s. 2)

'crew', in relation to a ship or aircraft, means all persons actually employed in the
working or service of the ship or aircraft, including the captain, and 'member of
the crew' shall be construed accordingly;

'deportation order' means an order under section 20;

'detention centre' means any place designated under section 13H as a detention
centre; (Added 53 of 1989 s. 2)

'detention warrant' means a warrant issued under section 29(1) or (2);

'Director' means the Director of Immigration, the Deputy Director of Immigration
and any assistant director of immigration;

'document of identity' means a document issued by the Director of Immigration for
the purpose of visa endorsement to a person who is not the holder of, and is
unable to obtain, a valid travel document; (Added 66 of 1981 s.2)

If

'empowered' means empowered by or under this Ordinance;

'entry permit' means an entry permit issued under this Ordinance;

'examination' includes a further examination under section 4(1), and 'examine' shall
be construed accordingly;

'Hong Kong permanent resident' means a person who belongs to a class or
description of persons specified in Schedule 1; (Added31 of 1987s. 2)

'identity card' has the same meaning as it has in the Registration of Persons
Ordinance(Cap. 177); (Replaced 31 of 1987s. 2)

'immigrant' means a person who is not a Hong Kong permanent resident;
(Amended 31 of 1987s. 2)

'immigration assistant' means any member of the Immigration Service of the rank of
chief immigration assistant, senior immigration assistant or immigration
assistant; (Added57of1972s.2. Amended42of1979s.2; 65 of 1989 s.2)

If

'immigration officer' means any member of the Immigration Service of or above the
rank of assistant immigration officer;

'land' means

(a) enter by land or disembark from a ship or aircraft; and

(b)in the case of a person who arrives in Hong Kong otherwise than by
land or in a ship or aircraft, land in Hong Kong;

'limit of stay' means a condition of stay limiting the period during which a person
may remain in Hong Kong;

'owner' includes

(a)in relation to a ship or aircraft, any charterer to whom the ship or
aircraft is demised;

(b) in relation to a vehicle-







(i)any person in whose name the vehicle is registered under the
Road Traffic Ordinance (Cap. 374);





(ii) any person by whom the vehicle is kept and used; and

(iii) if it is the subject of a hiring agreement or hire purchase
agreement, the person in possession of the vehicle under the
agreement; (Replaced 61 of 1986 s. 2)

'passenger' means any person carried in a ship or aircraft other than a member of
the crew;

're-entry permit' means a re-entry permit issued under this Ordinance;

'refugee centre' means any place designated under section 13C as a refugee centre;
(Added 35 of 1981 s. 2)

registration officer' has the same meaning as it has in the Registration of Persons
Ordinance(Cap. 177); (Added31 of 1987s. 2)

'Registration of Persons Tribunal' means the Registration of Persons Tribunal
established by section 3C of the Registration of Persons Ordinance (Cap. 177);
(Added31 of 1987s. 2)

'removal order' means an order under section 19(1);

'resident British citizen' means a British citizen who has at any time been ordinarily
resident in Hong Kong for a continuous period of not less than 7 years either
as a British citizen or partly as a United Kingdom belonger and partly as a
British citizen; (Replaced 31 of 1987s. 2)

'resident United Kingdom belonger' means a United Kingdom belonger who was at
any time before 1 January 1983 ordinarily resident in Hong Kong for a
continuous period of not less than 7 years; (Amended 31 of 1987 s. 2)

'right of abode in Hong Kong' means the right of abode in Hong Kong referred to
in Part IA; (Added31 of 1987s. 2)

'serviceman' means a person, not being locally engaged, who is a serving member
of Her Majesty's regular naval, military or air force service;

',ship' includes a barge, a hovercraft and every other description of vessel;
(Added61of1979s.2. Amended78of1982s.2)

'specified country' means a country or territory

(a) of which a person who is to be removed from Hong Kong is a

national or a citizen;

(b) in which that person has obtained a travel document;

(e) in which that person embarked for Hong Kong; or

(d) to which an immigration officer or immigration assistant has

reason to believe that that person will be admitted; (Amended
15 of 1980 s. 10)

'travel document' means a passport furnished with a photograph of the holder, or
some other document establishing to the satisfaction of an immigration officer
or immigration assistant the identity and nationality, domicile or place of
permanent residence of the holder; (Amended 15 of 1980 s. 10; 31 of 1984 s. 2)

'Tribunal' means the Immigration Tribunal established by section 53F; (Added 62
of 1980 s. 2)





'United Kingdom belonger' means a person who, immediately before 1 January
1983, was a citizen of the United Kingdom and Colonies by

reason of his birth, adoption, naturalization or registration in the United

Kingdom or was the wife or child of any such person; (Amended 78 of

1982 s. 2; 31 of 1987 s. 2) Vietnamese refugee' means a person who

(a) was previously resident in Vietnam; or

(aa) was born after 31 December 1982 and whose father or mother was
previously resident in Vietnam; and (Added 79 of 1982 s. 2)

(b)is permitted to remain in Hong Kong as a refugee pending his
resettlement elsewhere; (Added 35 of 1981 s. 2)

Vietnamese refugee card' means a card of identity issued by the Director to a

Vietnamese refugee. (Replaced 35 of 1981 s. 2)

(2) References in this Ordinance to landing in Hong Kong unlawfully are
references to landing in or entering Hong Kong in contravention of this Ordinance,
the repealed Immigration (Control and Offences) Ordinance or the repealed
Immigrants Control Ordinance, and for the avoidance of doubt it is hereby declared
that no person shall be held not to have landed unlawfully

(a)by reason only of any presumption, conclusive or rebuttable, that he
cannot be guilty of an offence or is incapable of committing a crime; or

(b)on the ground only that he is not guilty of an offence under
subsection (1) of section 38 in respect of paragraph (a) of that
subsection. (Amended 75 of 1981 s. 2)

(3) References in this Ordinance to an offence under this Ordinance include
references to an offence under section 90(1) of the Criminal Procedure Ordinance
(Cap. 221) where the arrestable offence which a person has committed is an offence
under this Ordinance.

(4) For the purposes of this Ordinance, a person shall not be treated as
ordinarily resident in Hong Kong

(a)during any period after the commencement of this Ordinance in which
he remains in Hong Kong

(i) without the authority of the Director, after landing
unlawfully; or

(ii) in contravention of a limit of stay; or
(iii) as a refugee under section 13A; or (Added 42 of 1982 s. 2)

(iv) while detained in Hong Kong under section 13D; or (Added 23
of 1989 s. 2)

(b)during any period, whether before or after the commencement of this
Ordinance, of imprisonment or detention pursuant to the sentence or
order of any court.

(Amended 31 of 1987s. 2)





PARTIA

RIGHT OF ABODE IN HONG KONG

2A. Hong Kong permanent residents enjoy

right of abode in Hone Kong

(1) A Hong Kong permanent resident enjoys the right of abode in Hong Kong,
that is to say he has the right

(a) to land in Hong Kong;

(b)not to have imposed upon him any condition of stay in Hong Kong,
and any condition of stay that is imposed shall have no effect;

(c) not to have a deportation order made against him; and

(d) not to have a removal order made against him.

(2) Notwithstanding subsection (1)(c), no person against whom a deportation
order was made prior to 1 July 1987 enjoys the right of abode in Hong Kong unless
the deportation order has expired or been revoked.

(Part IA added 31 of 1987 s. 3)

PART II

IMMIGRATION PROCEDURE

3. Arriving ships and aircraft

(1) Subject to subsections (2) and (6), the captain of a ship shall, on the arrival
of the ship in Hong Kong

(a)anchor or moor the ship at an approved immigration anchorage and
keep the ship in such anchorage as long as may be necessary for the
purposes of this Ordinance; and

(b)hoist the prescribed immigration examination signal and keep the
same hoisted until an immigration officer or a chief immigration -
assistant permits him to lower it. (Amended 65 of 1989 s.3)

(2) An immigration officer or a chief immigration assistant may, on the arrival of
a ship in Hong Kong, require the captain- (Amended 65 of 1989 s. 3)

(a)to anchor or moor the ship at such place as he may specify, being a
place at which the captain considers that the ship may safely be
moored or anchored;

(b)to keep the ship in such place so long as may be necessary for the
purposes of this Ordinance,





but a requirement under this subsection shall cease to have effect if the captain
is required by or under any other Ordinance to move the ship to another place.
(3) Except with the permission of the Director, no person other than a
pilot or health officer in the course of his duty shall-
(a) board or leave a ship which has arrived in Hong Kong; or
(b)be within 30 m of any such ship, otherwise than on a wharf or
pier, (Amended 15 of 1980 s. 2)
until the immigration examination signal is lowered.
(4) Except with the permission of the Director, nothing shall be removed
from or taken or placed on board a ship which has arrived in Hong Kong until
the immigration examination signal is lowered.
(5) The captain of an aircraft arriving in Hong Kong shall not land the
aircraft except at an approved landing place.
(6) The Director of Immigration may exempt from subsection (1) the
captains of such ships, or of ships of such class or description as he thinks fit.

4. Examination of persons
(1) For the purposes of this Ordinance, an immigration officer or
immigration assistant may-
(a)subject to subsection (2), examine any person on his arrival or
landing in or prior to his departure from Hong Kong, or if he has
reasonable cause for believing that such person landed in Hong
Kong unlawfully, at any time;
(b)examine a person at any time if he has reasonable cause for
believing that such person is contravening or has contravened a
condition of stay in respect of him, or remains in Hong Kong
without the permission of an immigration officer or immigration
assistant in contravention of section 7(2), (Amended 31 of 1987
s.4)
(c) (Repealed 31 of 1987s. 4)
and a person who is so examined may be required by an immigration officer or im-
migration assistant to submit to further examination. (Amended 75 of 1981 s. 3)
(2) A person who satisfies an immigration officer or immigration assistant
that he is a serviceman shall not be examined further under subsection (1)(a) on
his arrival in or prior to his departure from Hong Kong.
(Amended 15 of 1980 s. 10)

5. Powers of Director and requirements in relation
to examinations under section 4
(1) The Director may require-
(a) the owner of a ship or aircraft or his agent; or
(b) the captain of a ship or aircraft,





to produce in such manner as the Director may specify for examination under
section 4(1)(a)-

(i) the passengers arriving or departing in that ship or aircraft; and (ii)
the members of the crew of that ship or aircraft.

(2) A requirement under subsection (1)

(a)may relate to all or any of the passengers or all or any of the members
of the crew or to all or any of both;

(b)may be made generally for all occasions or, without prejudice to any
general requirement which may be in force, for any particular
occasion.

(3) An immigration officer or immigration assistant may require a person to
proceed to such place as he may specify for the purpose of examination under
section 4(1). (Amended 15 of 1980 s. 10)

(4) Any person of or over the age of 16 years, other than a serviceman, being
examined under section 4(1)(a) shall- (Amended 79 of 1982 s. 4; 31 of 1987s.5)

(a)produce a valid travel document, entry permit or re-entry permit; and

(b)subject to subsection (9), furnish an arrival or departure card in the
prescribed form, duly completed.

(5) Where a person being examined under section 4(1)(a) is of or over the age of
7 years and under the age of 16 years and- (Amended 79 of 1982 s. 4; 31 of 1987 s.
5)

(a) is accompanied by an adult, the adult shall-

(i) produce a valid travel document, entry permit or re-entry permit
relating to such person; and

(ii) subject to subsection (9), furnish in respect of such person an
arrival or departure card in the prescribed form, duly completed;

(b)having arrived or being about to depart in a ship or aircraft, is not
accompanied by an adult, the owner of the ship or aircraft shall

(i) produce a valid travel document, entry permit or re-entry permit
relating to such person; and

(ii)subject to subsection (9), furnish in respect of such person an
arrival or departure card in the prescribed form, duly completed.

(6) An immigration officer or immigration assistant may require any person,
other than a serviceman, being examined under section 4(1) to

(a)declare whether or not he is in possession of any documents of any
description specified by that officer or that assistant, being a
description relevant for the purposes of the examination; and





(b) produce to the officer or the assistant any such documents which
are in his possession. (Amended57of 1972s.3)

(7) An immigration officer or immigration assistant may require a person being
examined under section 4(1) to furnish to him such information as he may require for
the purposes of this Ordinance. (Amended 15 of 1980 s. 10)

(8) An immigration officer or immigration assistant may give such directions as
he considers necessary for preventing any person from evading examination under
section 4(1). (Amended57of 1972s.3)

(9) The Director of Immigration may exempt from subsection (4)(a), (4)(b),
(5)(a)(ii) or (5)(b)(ii) any person or any class or description of persons. (Amended
21 of 198 7 s. 2)

6. Returns to be furnished by captains

of ships and aircraft, etc.

(1) Subject to subsection (5), the captain of a ship shall, on the arrival of the
ship in Hong Kong

(a) furnish to an immigration officer or a chief immigration

assistant-

(i)3 copies of a notice containing the prescribed particulars of the
crew; and

(ii) 2 copies of a notice containing the prescribed particulars of the
passengers; and

(b) if so required by an immigration officer or a chief immigration

assistant, produce the ship's papers.

(2) Subject to subsection (5), the captain of a ship shall, immediately before the
departure of the ship from Hong Kong

(a) furnish to an immigration officer or a chief immigration

assistant-

(i) 2 copies of a notice containing the prescribed particulars of the
crew; and

(ii) 2 copies of a notice containing the prescribed particulars of the
passengers; and

(b) if so required by an immigration officer or a chief immigration

assistant, produce the ship's papers.

(3) An immigration officer or a chief immigration assistant may, on the arrival of
an aircraft in Hong Kong and immediately prior to the departure of an aircraft
therefrom, require the captain of the aircraft to furnish to him a notice containing the
names and nationalities of the crew and a notice containing the prescribed
particulars of the passengers.

(4) A passenger on board a ship or aircraft arriving in or departing from Hong
Kong shall furnish to the captain of the ship or aircraft any information required by
him for the purpose of furnishing a notice under this section.





(5) The Director of Immigration may exempt from this section the captains of
such ships, or of ships of such class or description, as he thinks fit.

(Amended 65 of 1989 s. 3)

PART 111

CONTROL OF
IMMIGRATION

7. General provision as to immigration control

(1) A person may not land in Hong Kong without the permission of an
immigration officer or immigration assistant unless- (Amended 15 of 1980 S.10)

(aa) he enjoys the right of abode in Hong Kong; or (Added 31 of 1987s.6)

(a)he has the right to land in Hong Kong by virtue of section 8(1); or

(b)he may land in Hong Kong without such permission by virtue of
section 9(1) or 10(1). (Amended 79 of 1982s.5)

(2) A person who was born in Hong Kong but who does not enjoy the right of
abode in Hong Kong, or does not have the right to land in Hong Kong by virtue of
section 8(1), may not remain in Hong Kong without the permission

of an immigration officer or immigration assistant. (Added 79 of 1982 s. 5.
Amended 31 of 1987s. 6)

8. Resident British citizens and resident
United Kingdom belongers have
right to land in Hong Kong

(1) Subject to subsection (2), a resident British citizen or a resident United
Kingdom belonger has the right

(a) to land in Hong Kong;

(b)not to have imposed upon him any condition of stay in Hong Kong,
and any condition of stay that is imposed shall have no effect; and

(c) not to have a removal order made against him.

(2) If a deportation order is made against a resident British citizen or a resident
United Kingdom belonger under section 20(4), the right to land under subsection (1)
shall cease while the deportation order is in force.

(Replaced 31 of 1987s. 7)





9. Special provisions as to members of crew of aircraft

(1) Where a person who does not enjoy the right of abode in Hong Kong, or
does not have the right to land in Hong Kong by virtue of section 8(1), arrives in
Hong Kong as a member of the crew of an aircraft under an engagement requiring
him to leave within 7 days on that or another aircraft as a member of its crew, then
unless- (Amended31 of 1987s. 8)

(a) a deportation order is in force in respect of him;

(b)he has at any time been refused permission to land in Hong Kong and
has not since then been given permission to land in Hong Kong; or

(e)he is examined under section 4(1)(a) otherwise than for the purpose of
establishing that he is such a member of the crew of an aircraft,

he may land in Hong Kong without the permission of an immigration officer or
immigration assistant and remain until the departure of the aircraft on which he is
required by his engagement to leave.

(2) For the purposes of this Ordinance, any such person who, having lawfully
landed in Hong Kong without the permission of an immigration officer or
immigration assistant by virtue of subsection (1)

(a)seeks permission to remain in Hong Kong beyond the time allowed by
subsection (1); or

(b)remains in Hong Kong without the permission of an immigration
officer or immigration assistant beyond the time: so allowed or is
reasonably suspected by an immigration officer or immigration
assistant of intending to do so,

shall thereupon be deemed to be a person seeking to land in Hong Kong; and an
immigration officer or immigration assistant may examine him under section 4(1)(a)
within 28 days thereafter or, if at that time he is detained in pursuance of the
sentence or order of any court, within 28 days after his discharge from detention.

(3) Any such person who, having lawfully landed in Hong Kong without the
permission of an immigration officer or immigration assistant by virtue of subsection
(1)

(a)remains in Hong Kong without the permission of an immigration
officer or immigration assistant beyond the time allowed by subsection
(1); and

(b)does not submit himself to examination under section 4(1)(a) within the
period during which in accordance with subsection (2) he may be
examined by an immigration officer or immigration assistant under that
section,

shall on the expiry of that period be deemed for the purposes of this Ordinance to
have landed in Hong Kong without the permission of an immigration officer or
immigration assistant.

(Amended 15 of 1980 s. 10)





10. Special provisions as to servicemen

(1) A serviceman may land in Hong Kong without the permission of an
immigration officer or immigration assistant.

(2) For the purposes of this Ordinance, any such serviceman who ceases to be
a serviceman shall thereupon, unless he enjoys the right of abode in Hong Kong, or
has the right to land in Hong Kong by virtue of section 8(1), be deemed to be a
person seeking to land in Hong Kong; and an immigration officer or immigration
assistant may examine him under section 4(1)(a) within 28 days after

(a) he ceases to be a serviceman; or

(b)if at the time he ceases to be a serviceman he is detained in pursuance
of the sentence or order of any court, his discharge from detention.
(Amended31 of 1987s. 9)

(3) Any such person who does not submit himself to examination under section
4(1)(a) within the period during which in accordance with subsection (2) he
may be examined by an immigration officer or immigration assistant under that
section shall on the expiry of that period be deemed for the purposes of this
Ordinance to have landed in Hong Kong without the permission of an immigration
officer or immigration assistant.

(Amended 15 of 1980 s. 10)

11. Permission to land and conditions of stay

(1) An immigration officer or immigration assistant may, on the examination
under section 4(1)(a) of a person who by virtue of section 7(1) may not land in
Hong Kong without the permission of an immigration officer or immigration
assistant, give such person permission to land in Hong Kong but an immigration
officer only may refuse him such permission. (Amended 15 of 1980 s. 10; 79 of 1982
s. 6)

(IA) An immigration officer or immigration assistant may, on the examination
under section 4(1)(b) of a person who by virtue of section 7(2) may not remain
in Hong Kong without the permission of an immigration officer or immigration
assistant, give such person permission to remain in Hong Kong but an immigration
officer only may refuse him such permission. (Added 79 of 1982s.6. Amended31 of
1987s. 10)

(2) Where permission is given to a person to land or remain in Hong Kong, an
immigration officer or immigration assistant may impose(Amended 79 of 1982 s. 6)

(a) a limit of stay; and

(b)such other conditions of stay as an immigration officer or
immigration assistant thinks fit, being conditions of stay authorized by
the Director, either generally or in a particular

case.(Amended 15 of 1980 s. 10)





(3) Subject to subsection (9), the permission given to a person to land or remain
in Hong Kong shall be deemed to be subject to the prescribed conditions of stay in
addition to any conditions of stay imposed under subsection (2). (Amended 79 of
1982 s. 6)

(4) In the case of a person who is a member of a party in the charge of a
responsible person, notice of any condition of stay shall be deemed to be given to
such person if it is given in writing to the person in charge of the party.

(5) The Director may at any time by notice in writing to any person other than a
person who enjoys the right of abode in Hong Kong, or has the right to land in
Hong Kong by virtue of section 8(1), impose any condition of stay (other than a limit
of stay) in respect of such person. (Replaced 57 of 1972 s.4. Amended31 of 1987s.
10)

(5A) An immigration officer or a chief immigration assistant may at any time by
notice in writing to any person other than a person who enjoys the right of abode in
Hong Kong, or has the right to land in Hong Kong by virtue of section 8(1)
(Amended31 of 1987s. 10; 65 of 1989s. 3)

(a) cancel any condition of stay in force in respect of such person;

(b)vary any condition of stay (other than a limit of stay) in force in
respect of such person if the condition as varied could properly be
imposed by an immigration officer or a chief immigration assistant
(other than the Director) under subsection (2)(b); (Amended 78 of
1982 s. 4; 65 of 1989 s. 3)

(c)vary any limit of stay in force in respect of such person by enlarging
the period during which such person may remain in HongKong.
(Added57of1972s.4)

(6) The Governor may at any time vary any limit of stay in force in respect of
any person by curtailing the period during which such person may remain in Hong
Kong, and the Director shall in writing notify such person of any such variation.

(7) The Governor may by order applying to all persons or to any class or
description of persons, other than persons who enjoy the right of abode in Hong
Kong, or have the right to land in Hong Kong by virtue of section 8(1)(Amended 31
of 1987s. 10)

(a)cancel or vary any condition of stay in force in respect of such
persons;

(b)impose any condition of stay (other than a limit of stay) in respect of
such persons.

(8) Whenever a condition of stay is in force in respect of a person, the Director
may

(a) require such person; or

(b)if such person is a member of the crew of a ship or aircraft, require the
captain of the ship or aircraft or the owners or agents of the ship or
aircraft,





to enter into a recognizance in the prescribed form in such amount and with such
number of sureties as the Director may reasonably require.

(9) The Director of Immigration may exempt any person or any class or
description of persons from compliance with all or any of the prescribed conditions
of stay.

(10) Any permission given to a person to land or remain in Hong Kong shall, if
in force on the day that person departs from Hong Kong, expire immediately after his
departure. (Added 31 of 1984 s. 3)

12. Special provisions as to giving of permission

to land to members of ship's crew

An immigration officer or immigration assistant may permit a person who is a
member of the crew of a ship and does not enjoy the right of abode in Hong Kong,
or does not have the right to land in Hong Kong by virtue of section 8(1), to land in
Hong Kong notwithstanding that he has not been examined under section 4(1)(a);
and in any such case notice of any condition of stay imposed in respect of such
person shall be deemed to have been given to that person if it is given to the captain
of the ship or the owners or agents of the ship.

(Amended 15 of 1980 s. 10; 31 of 1987 s. 11)

13. Authority for illegal immigrant to remain

The Director may at any time authorize a person who landed in Hong Kong
unlawfully to remain in Hong Kong, subject to such conditions of stay as he thinks
fit, whether or not he has been convicted of that offence, and section 11(5), (5A) and
(6) shall apply to him as it applies to a person who has been given permission to land
in Hong Kong under section 11(1).

(Amended 57 of 1972 s. 5; 31 of 198 7 s. 12)

PART IIIA

VIETNAMESE
REFUGEES

13A. Special conditions of stay regarding
Vietnamese refugees

(1) An immigration officer or a chief immigration assistant may permit any
person

(a)who was previously resident in Vietnam and who has been examined
under section 4(1)(a); or





(b)who was born after 31 December 1982 and whose father or mother
was previously resident in Vietnam and who has been examined
under section 4(1)(b), (Amended 31 of 1987 s. 13; 65 of 1989 s. 3)

to remain in Hong Kong as a refugee pending his resettlement elsewhere, and, in the
case of any such person who arrives in Hong Kong on or after 2 July 1982 or who
was born after 31 December 1982 may order him to be detained in a refugee centre
specified by the immigration officer or a chief immigration assistant. (Replaced 79 of
1982 s. 7. Amended 65 of 1989 s. 3)

(2) An immigration officer or a chief immigration assistant may at any time by
notice in writing to a Vietnamese refugee impose any condition of stay or any further
condition of stay which may include

(a) a limit of stay;

(b)a condition that such person shall reside in a refugee centre specified
by an immigration officer or a chief immigration assistant and shall
comply with any rules made under section 13C;
(Amended65of1989s.3)

(c) a condition that such person shall not-

(i) take any employment, whether paid or unpaid; (ii)
establish or join in any business; or

(iii)become a student at a school, university or other educational
institution.

(3) Every Vietnamese refugee who has been permitted to remain in Hong Kong
whether before or after the commencement of the Immigration (Amendment)
Ordinance 1981 (35 of 1981) shall be subject to a condition of stay that

(a)if he is made an offer of resettlement elsewhere he shall not without
reasonable excuse fail or refuse

(i) to accept the offer; nor

(ii) to comply with any requirement necessary for the completion of
the resettlement procedure; and

(b)if he is required by an immigration officer or a chief immigration
assistant to surrender the Vietnamese refugee card held by him, he
shall not without reasonable excuse fail or refuse to surrender
forthwith the Vietnamese refugee card. (Amended 65 of 1989 s. 3)

(4) An immigration officer or a chief immigration assistant may at any time by
notice in writing to a Vietnamese refugee- (Amended 65 of 1989 s. 3)

(a) cancel any condition of stay in force in respect of such person;

(b)vary any condition of stay (other than a limit of stay) in force in
respect of such person;

(c)vary any limit of stay in force in respect of such person by curtailing
or enlarging the period during which such person may remain in
Hong Kong.





(4A) Any Vietnamese refugee who remains in Hong Kong without the
permission of an immigration officer or a chief immigration assistant beyond the
period allowed by any limit of stay specified in any condition of stay in force in
respect of him shall be deemed for the purposes of this Ordinance to have landed in
Hong Kong unlawfully upon the expiration of such period. (Added 42 of 1982 s. 3.
Amended 65 of 1989 s. 3)

(5) A notice under subsection (2) or (4) shall be given to a Vietnamese refugee
in such manner as may be prescribed.

(6) Without prejudice to section 41, where the Director is satisfied that any
Vietnamese refugee permitted under this section to remain in Hong Kong (whether
he was so permitted before or after the commencement of the Immigration
(Amendment) Ordinance 1982 (42 of 1982)) has

(a) contravened any condition of stay in force in respect of him; or

(b)been found guilty in Hong Kong of an offence punishable with a
term of imprisonment,

he may-

(i) cancel or vary any condition of stay in force in respect of such
person; or

(ii) issue a warrant authorizing the detention of such person in such
refugee centre as he may specify in the warrant. (~laced 42 of 1982 s.
3)

(6A) Where; the Director certifies that it is necessary in the interests of order or
good management in any refugee centre that a Vietnamese refugee permitted under
this section to remain in Hong Kong (whether he was so permitted before or after the
commencement of the Immigration (Amendment) Ordinance 1982 (42 of 1982)) be
detained, he may issue a warrant authorizing the detention of such person in such
other refugee centre as he may specify in the warrant. (Added 42 of 1982 s. 3)

(6B) A certificate purporting to be signed by the Director stating that it is
necessary in the interests of order or good management in any refugee centre that a
Vietnamese refugee permitted to remain in Hong Kong should be detained, shall be
conclusive evidence of that fact. (Added 42 of 1982 s.3)

(7) Where the Director issues a warrant of detention under subsection (6) or
(6A) he shall cause written notice to be served as soon as is practicable on the
Vietnamese refugee against whom it is issued informing him- (Amended 42 of 1982
s. 3)

(a) of the ground on which the warrant is issued; and

(b)that if he wishes to appeal under section 13B he must do so by
giving to an immigration officer or immigration assistant written
notice of his grounds of appeal and the facts upon which he relies
within 48 hours of receiving the notice of the warrant.





(8) The Director may at any time cancel a warrant of detention issued under
subsection (6) or (6A) and direct that the Vietnamese refugee detained under the
warrant be released. (Amended 42 of 1982 s. 3)

(9) Any person detained under this section may be detained in a refugee centre
designated by the Secretary for Security under section 13C as a refugee centre for
the detention of Vietnamese refugees. (Added42 of 1982 s. 3)

(10) Any person detained under this section shall (unless the Secretary for
Security otherwise orders) remain in detention for so long as he remains in Hong
Kong. (Added 42 of 1982 s. 3)

(11) Every person detained under this section shall be permitted all reasonable
facilities to enable him to obtain any authorization required for entry to another state
or territory or, whether or not he has obtained such authorization, to leave
HongKong. (Added42 of 1982 s. 3)

13B. Appeals against warrants of detention

(1) Any Vietnamese refugee against whom a warrant of detention under section
13A(6) or (6A) has been issued may appeal to the Secretary for Security against the
warrant. (Amended 42 of 1982 s. 4)

(2) A Vietnamese refugee who wishes to appeal under subsection (1) shall serve
written notice of appeal, stating his grounds of appeal and the facts upon which he
relies, upon an immigration officer or immigration assistant, within 48 hours of being
notified of the warrant of detention under section 13A(7)

Provided that such notice shall not preclude such Vietnamese refugee from
raising other facts prior to the determination of his appeal by the Secretary for
Security or the Deputy Secretary for Security and relying upon those facts.

(3) An appeal under subsection (1) may be considered by the Secretary for
Security or the Deputy Secretary for Security who may confirm, vary or cancel the
warrant of detention. (Amended 42 of 1982 s. 4)

(4) A decision of the Secretary for Security or the Deputy Secretary for Security
under subsection (3) shall be final.

13BA. Lawfulness of detention

(1) For the avoidance of doubt it is hereby declared that any Vietnamese
refugee deprived of his liberty by detention under section 13A(6) or (6A) shall be
entitled to apply to the High Court, in order that that court may decide without delay
on the lawfulness of such detention and order his release if the detention is not
lawful.

(2) The jurisdiction, practice and procedure of the High Court relating to writs
of habeas corpus ad subjiciendum' shall apply in relation to such applications.

(Added 42 of 1982 s. 5)





13C. Designation of refugee centres
(1) The Secretary for Security may by order designate any place as
a refugee centre for the residence or detention of Vietnamese refugees.
(Amended 42 of 1982 s. 6)
(2) The Secretary for Security may make rules providing for the
treatment, and control of conduct, of Vietnamese refugees in refugee centres
and for the management and security of, and the maintenance of order,
discipline, cleanliness and hygiene in, refugee centres, and different rules may be
made in respect of different centres. (Replaced 42 of 1982 s. 6)
(3) Without prejudice to the generality of subsection (2), rules made
under that subsection may provide for-
(a)contravention of any provision thereof to be punished by the
imposition of a penalty not exceeding $500 and by separate
confinement for a period not exceeding 28 days; (Amended 42
of 1982 s. 6)
(b) the confinement of persons punished by separate confinement;
(c)the imposition, by a specified public officer, of such punishment
for such contravention;
(d)appeals against the imposition of punishment and the practice
and procedure relating to such appeals;
(e)the payment and the disposal of monetary penalties in any
manner whatsoever.
(4) Any refugee centre designated as a refugee centre for the detention
of Vietnamese refugees shall be under the control and management of the
Commissioner of Correctional Services and notwithstanding section 13A
or 13D, any Vietnamese refugee detained therein may be removed by the
Commissioner of Correctional Services from such refugee centre to any other
refugee centre so designated. (Added 42 of 1982 s. 6)
(5) Without prejudice to the generality of subsection (2) rules made under
that subsection in respect of any refugee centre designated as a refugee centre
for the detention of Vietnamese refugees may provide for-
(a)the powers, duties, conduct and discipline of officers of the
Correctional Services Department and other persons employed
in refugee centres;
(b) the duties and powers of visiting justices;
(c)the conditions under which visitors may be allowed to visit
refugee centres. (Added 42 of 1982 s. 6)
13D.Detention pending decision as to permission
to remain in Hong Kong, or pending
removal from Hong Kong
(1) As from 2 July 1982 any resident or former resident of Vietnam who
arrives in Hong Kong not holding a travel document which bears an unexpired





visa issued by or on behalf of the Director may, if he has not been granted an
exemption under section 61(2), be detained under the authority of the Director in
such place as the Director may specify pending a decision to grant or refuse him
permission to remain in Hong Kong as a refugee or, after a decision to refuse him
permission to remain in Hong Kong, pending his removal from Hong Kong and any
child of such resident or former resident, whether or not he was born in Hong Kong,
may also be so detained, unless that child holds a travel document with such a visa
or has been granted an exemption under section 61(2). (Amended 23 of 1989 s. 3)

(2) Every person detained under this section shall be permitted all reasonable
facilities to enable him to obtain any authorization required for entry to another state
or territory or, whether or not he has obtained such authorization, to leave Hong
Kong.

(3) Where a person is detained under subsection (1) after a decision to refuse
him permission to remain in Hong Kong as a refugee, such person as the Director
may authorize for the purpose shall serve on the detained person a notice in such
form as the Director may specify notifying him of his right to apply fora review under
section 13F(I). (Added23of1989s.3)

(4) Notice under subsection (3) may be served

(a) personally; or

(b)by displaying it in some prominent place within the area where the
person concerned is detained in such a manner that it may be
conveniently read by him. (Added 23 of 1989 s. 3)

(Added 42 of 1982 s. 7)
13E.Removal from Hong Kong of Vietnamese refugees
and persons detained under section 13D

(1) The Director may at any time order any Vietnamese refugee or person
detained in Hong Kong under section 13D to be removed from Hong Kong.

(2) An immigration officer or a chief immigration assistant may remove from
Hong Kong in accordance with section 24 any person ordered to be removed from
Hong Kong under subsection (1). (Amended65of1989s.3)

(Added 42 of 1982 s. 7)

13F. Review by a Refugee Status Review Board

(1) Any person on whom a notice is served under section 13D(3) may, within 28
days of such service, apply to the Board to have the decision that he may not remain
in Hong Kong as a refugee reviewed.

(2) An application for a review under this section may be made on behalf of a
child by his parent or any person having care of the child.





(3) In preparing his case for review under this section an applicant shall be
permitted all reasonable facilities to enable him to obtain the assistance of

(a) his legal representative, if he has one; or
(b) in any other case, a prescribed person,

and such representative or person shall be afforded all reasonable facilities to enable
him to render such assistance.

(4) Neither the applicant nor his representative shall be entitled to be present
when his case is reviewed by a Board.

(5) Upon the hearing of the review a Board shall make such decision as to the
status of the appellant and as to his continued detention under section 13D(1) as it
may think fit, being a decision which the Director might lawfully have made under
this Ordinance, and the Director shall give effect to such decision.

(6) For the removal of doubt, it is hereby declared that the making of an
application under this section does not give the person by whom or on whose
behalf it is made the right to land or remain in Hong Kong pending the decision of a
Board on the application.

(7) A Board when considering any review under this section shall act in an
administrative or executive capacity.

(8) A Board shall not be required to assign any reason for its decision and a
decision of a Board shall not be subject to review or appeal in any court.

(9) Any resident or former resident of Vietnam or any child of such resident or
former resident who prior to the commencement of the Immigration (Amendment)
Ordinance 1989 (23 of 1989) objected under section 53 to a refusal to grant him
permission to remain in Hong Kong as a refugee or to his detention or removal under
section 13D shall, if his objection is pending at the commencement of that
Ordinance, be deemed to have applied to a Refugee Status Review Board for a
review of that decision under subsection (1). (23 of 1989 s. 6(1) incorporated)

(10) The chairman of the Refugee Status Review Boards may authorize or direct
that the rules of practice and procedure on review prescribed under section 59 as
read with section 13G(5) shall be modified in such manner as he may direct for the
purpose of hearing an application to which subsection (9) applies. (23 of 1989 s.
6(2) incorporated)

(11) Where a decision has been made to refuse any resident or former resident
of Vietnam permission to remain in Hong Kong as a refugee not more than 14 days
prior to the commencement of the Immigration (Amendment) Ordinance 1989 (23 of
1989), the period of 28 days referred to in subsection (1) shall, in his case, be
reckoned as commencing on the commencement of that Ordinance, as if a notice
under section 13D, notifying him of that decision had been served at the time of
such commencement. (23 of 1989 s. 6(3) incorporated)

(Added 23 of 1989 s. 4)





13G. Refugee Status Review Boards

(1) There shall be Refugee Status Review Boards and there shall be a
Chairman, and such number of Deputy Chairmen and members of those
Boards as may be appointed by the Governor.
(2) Persons appointed by the Governor under subsection (1) may be
public officers and shall be appointed for such periods and on such terms as the
Governor may determine.
(3) The remuneration, if any, of the Chairman, a Deputy Chairman and
members of the Boards shall be determined by the Financial Secretary and paid
out of moneys appropriated by the Legislative Council for the purpose.
(4) A Board shall be constituted from persons appointed under sub-
section (1) in such manner as may be prescribed.
(5) The practice and procedure on a review under section 13F, and of
a Board, shall be such as shall be prescribed and, without prejudice to the
generality of the foregoing and of section 59, regulations under that section may
prescribe-
(a)the manner in which an application under section 13F is to be
made, including the furnishing of grounds therefor;
(b)the constitution of a Board and the manner in which decisions
are to be taken;
(e) the exclusion of persons from the proceedings of a Board;
(d)prescribing a person for the purposes of section 13F(3)(b) and
deeming that person to be the representative of the applicant, in
such circumstances and to such extent as may be specified;
(e)the matters which a Board is entitled to consider; or
the manner in which decisions are to be notified.
(Added 23 of 1989 s. 4)

13H. Designation of detention centres

(1) The Secretary for Security may by order designate any place as a
detention centre for the detention of persons authorized to be detained there
under section 13D.
(2) A detention centre shall be under the control and management of
an officer appointed by the Secretary for Security and the officer appointed
shall be-
(a) the Commissioner of Correctional Services;
(b) the Commissioner of Police; or
(c) the Chief Staff Officer, Civil Aid Services.
(3) The officer who has been appointed by the Secretary for Security to
have control and management of a detention centre may issue such general





orders and instructions not inconsistent with this Ordinance or any rules made
under this section as are necessary or expedient for the administration of the
detention centre under his control.

(4) Every officer and other person employed in a detention centre shall in the
exercise of any powers, functions or duties under this Ordinance or rules made
under this section comply with any general orders and instructions issued under
subsection (3).

(5) The Secretary for Security may make rules providing for the treatment, and
control of conduct, of such detainees in detention centres and for the management
and security of, and the maintenance of order, discipline, cleanliness and hygiene in,
detention centres, and for the punishment of offenders.

(6) Without prejudice to the generality of subsection (5), rules made under that
subsection may provide for

(a)contravention of any provision thereof by a detained person to be
punished by the imposition of a penalty not exceeding $500 and by
separate confinement for a period not exceeding 28 days;

(b)the separate confinement of persons and the circumstances under
which a person may be so confined;

(c)the imposition, by a specified public officer, of such punishment for
such contravention;

(d)searching of detainees and visitors and detention for the purpose of
search;

(e)appeals against the imposition of punishment and the practice and
procedure relating to such appeals;

(f) the confiscation of unauthorized articles and the disposal thereof;

(g)the payment and the disposal of monetary penalties in any manner
whatsoever;

(h)the powers, duties, conduct and discipline of officers of the person
having control and management of the detention centres and other
persons employed in the detention centres;

(i) the duties and powers of visiting justices;

(j)the appointment of detention centre visitors and the duties of such
detention centre visitors;

(k)the conditions under which visitors may be allowed to visit a
detention centre and their conduct,

and difrerent rules may be made in respect of different detention centres.

(7) Rules made under subsection (5) may provide that a contravention of any
provision thereof shall be an offence and may provide penalties therefor not
exceeding a fine of $5,000 and imprisonment for 6 months.

(Added 53 of 1989 s. 3)
(Part IIIA added 35 of 1981 s. 3)





PART IV

SUPPLY OF PARTICULARS BY ALIENS AND BY PERSONS
STAYING IN HOTELS OR OTHER LODGING PLACES
(AmendedL.N. 294 of 1988)

14. Aliens to furnish particulars

(1) Subject to subsection (2), an alien within Hong Kong who

(a) attains the age of 16 years; or

(b)having previously been exempted from this subsection or section
5(4)(b), (5)(a)(ii) or (5)(b)(ii) (otherwise than by reason of his age),
ceases to be so exempted,

shall within 1 month thereafter furnish to the Director in the prescribed form the
particulars required thereby.

(2) The Director of Immigration may exempt from subsection (1) any person or
any class or description of persons.

15. Powers to require alien to produce photographs

(1) Subject to subsection (2), an immigration officer or immigration assistant
may require an alien within Hong Kong who is over the age of 15 years to furnish
the prescribed photographs of himself. (Amended 15 of 1980 s. 10)

(2) A requirement shall not be made under subsection (1)

(a) unless the alien has been in Hong Kong for at least 14 days; or

(b)if the alien has furnished such photographs to the Director within the
preceding 3 years.

16. Changes in furnished particulars

(1) Subject to subsection (2), an alien who is over the age of 15 years shall
within 7 days notify the Director of any change in

(a) any of the particulars furnished in an arrival card;

(b)any of the particulars furnished in the prescribed form pursuant to
section 14(1);

(c) any particulars notified pursuant to this subsection; or

(d) the address at which he resides.

(2) The Director of Immigration may exempt from subsection (1) any person or
any class or description of persons.

17. Record of visitors to hotels, etc.

(1) A person over the age of 15 years who intends to stay at any premises to
which this section applies shall on arriving at the premises inform the keeper of the
premises of his full name and nationality.





(2) Any such person who is an alien shall also-

(a)on arriving at the premises, inform the keeper of the premises of the
date of his arrival in Hong Kong, the name of the ship or airline (if any)
by which he arrived and his occupation; and

(b)on or before his departure from the premises, inform the keeper of the
premises of the place to which he is going and, if he is departing from
Hong Kong, of the ship or airline (if any) by which he will depart.

(3) The keeper of any premises to which this section applies shall

(a)require all persons who stay at the premises to comply with their
obligations under this section; and

(b)keep for at least 12 months a record in writing of the information given
to him by any such person pursuant to this section.

(4) An immigration officer, immigration assistant or police officer may

inspect at any time the record kept by the keeper of any premises pursuant to
subsection (3). (Amended 15 of 1980 s. 10)

(5) Any information required by this section to be given by or to any

person may be given by or to any other person acting on his behalf.

(6) This section applies to any premises, whether furnished or un

furnished, where lodging or sleeping accommodation is provided for reward.

(7) In this section

'keeper' includes any person who receives another person to stay in premises,

whether on his own behalf or on behalf of any other person;

'stay' means lodge or sleep, for one night or more, in accommodation provided

for reward.

PART IVA

REQUIREMENT TO CARRY PROOF OF IDENTITY

17A. Commencement and discontinuance*

(1) The Governor in Council may from time to time, by order published in the
Gazette, declare that this Part, or any provision of this Part specified in the order

(a) shall come into operation;

(b) shall be discontinued in its operation.

(2) Where an order is made under subsection (1)(a), this Part or, as the case may
be, any provision specified in the order, shall continue in operation until an order is
made in relation to it under subsection (1)(b); and where an order is made under
subsection (1)(b) in relation to this Part or any provision

Part IVA came into operation on 30 October 1980 (L.N. 302 of
1980).





of it, the operation of this Part or, as the case may be, of that provision shall be
discontinued until such time as a further order is made under subsection (1)(a) in
relation to it.

(3) Section 23 of the Interpretation and General Clauses Ordinance (Cap. 1) shall
have the same effect in relation to the discontinuance of the operation of any
provision by virtue of an order under subsection (1)(b) as it would have if such
provision had been repealed.

17B. Interpretation

(1) Subject to subsection (2), in this Part-
'proof of identity' in relation to any person means-

(a) his valid identity card; (Amended 31 of 1987s.14)

(b)a document issued by the Commissioner of Registration
acknowledging that that person has applied

(i) to be registered under the Registration of Persons Ordinance
(Cap. 177); or

(ii) for a new identity card under regulation 13 or 14 of the
Registration of Persons Regulations (Cap. 177 sub. leg.);

(e) a valid travel document held by him;

(d) (Repealed L.N. 87 of 1983)

(e)documentary proof of identity officially issued to him for the purpose
of his service in Her Majesty's regular naval, military or air forces; or

(f)a Vietnamese refugee card issued to him. (Amended 35 of 1981 s.4)

(2) The Legislative Council may by resolution amend subsection (1) by deleting
from or adding to the list of documents which may be used as proof of identity
under this Part. (Added 35 of 1981 s. 4)

17C. Carrying and production of proof of identity

(1) Every person who-

(a) has attained the age of 15 years; and

(b) (i) is the holder of an identity card or is required to apply to be
registered under the Registration of Persons Ordinance (Cap.
177); or

(ii) is the holder of a Vietnamese refugee card,
shall have with him at all times proof of his identity.

(2) A person who is required by subsection (1) to have with him proof of his
identity shall on demand produce it for inspection by

(a) any police officer;

(b) any immigration officer or immigration assistant; or





(c)any person or member of a class of persons authorized for the
purpose by the Governor by order published in the Gazette,

who is in uniform or who produces, if required to do so, documentary identification
officially issued to him as proof of his appointment as a police officer, immigration
officer, immigration assistant or, as the case may be, person authorized under
paragraph (c).

(3) Any person who fails to produce proof of his identity for inspection as
required by subsection (2) commits an offence and is liable on conviction to a fine
of $1,000:

Provided that it shall be a defence in proceedings for an offence under this
subsection for the person charged to prove that he had reasonable excuse for failing
to produce proof of identity.

(4) In respect of any failure to produce proof of identity for inspection as
required by subsection (2), it shall be reasonable excuse for the purposes of
subsection (3) if at the date of the alleged offence the defendant had no proof of
identity with him because all proof of identity of which he was the holder, including
any document specified in section 17B(b)(ii), had been lost or destroyed and

(a)he had reported the loss or destruction to a police officer at a police
station or, in the case of an identity card, to a registration officer;or
(Amended 31 of 1987s. 15)

(b) he had had no opportunity so to report the loss or destruction.

(5) Where the Governor authorizes any person or class of persons for the
purposes of subsection (2)(c) he may limit the authority of such persons to such
area, place or occasion or in such other manner as is specified in the order by which
the authority is given.

(6) Nothing in this section shall affect the operation of any order made under
regulation 11(1) of the Registration of Persons Regulations (Cap. 177 sub. leg.)
(relating to the compulsory carrying of identity cards).

17D. Arrest

(1) A person referred to in section l7C(2)(a), (b) or (c) may arrest without
warrant any person who fails to produce for inspection on demand proof of his
identity, and in the case of such an arrest by a person referred to in section
l7C(2)(a) or (c), the person arrested shall if not released be delivered as soon as
reasonably practicable into the custody of the officer in charge of a police station.

(2) An arrest carried out under subsection (1) shall not be unlawful by reason
only of the fact that the arrested person is a person not required by section 17C(1)
to have proof of his identity with him.

(3) Where a person is arrested under subsection (1) otherwise than by an
immigration officer or immigration assistant and it appears to the officer in





charge of a police station that he may have landed in Hong Kong unlawfully, or
have intended or attempted so to do, or is contravening or has contravened a
condition of stay in respect of him, he shall be taken as soon as is reasonably
practicable to an immigration officer or immigration assistant for examination under
section 17E. (Amended 75 of 1981 s. 4)

(4) Where a person who is arrested under subsection (1) otherwise than by an
immigration officer or immigration assistant and is not

(a)taken before an immigration officer or immigration assistant under
subsection (3); or

(b) proceeded against for an offence under section l7C(3), he shall be
released forthwith unless he may be held in lawful custody for some other reason.

17E. Examination of persons not
carrying proof of identity

Without prejudice to any other provision of this Ordinance, an immigration
officer or immigration assistant may examine any person who is found not to have
with him proof of his identity in order to determine whether that person has landed
in Hong Kong unlawfully or intended or attempted so to do or is contravening or
has contravened a condition of stay in respect of him.

(Amended 75 of 1981 s. 5)
(Part IVA added 62 of 1980 s. 3)

PART IVB

PROHIBITION OF EMPLOYMENT OF ILLEGAL
IMMIGRANTS AND OTHERS

(Amended 35 of 1981 s. 5)

17F. Commencement and discontinuance*

(1) The Governor in Council may from time to time, by order published in the
Gazette, declare that this Part, or any provision of this Part specified in the order

(a) shall come into operation;

(b) shall be discontinued in its operation.

(2) Where an order is made under subsection (1)(a), this Part or, as the case
may be, any provision specified in the order, shall continue in operation

Sections 17G, 17H and 17J came into operation on 28 October
1980.

Sections 171, 17K, 17L, 17M and 17N came into operation on 3 November 1980. (L.N.
303 of 1980)





until an order is made in relation to it under subsection (1)(b); and where an order is
made under subsection (1)(b) in relation to this Part or any provision of it, the
operation of this Part or, as the case may be, of that provision shall be discontinued
until such time as a further order is made under subsection (1)(a) in relation to it. (3)
Section 23 of the Interpretation and General Clauses Ordinance

(Cap. 1) shall have the same effect in relation to the discontinuance of the operation
of any provision by virtue, of an order under subsection (1)(b) as it would have if
such provision had been repealed.

17G. Interpretation

(1) In this Part-

'appointed day' means the day last declared under section 17F(I)(a) for section 171
to come into operation;

'approved document means a document approved by the Governor under
subsection (2)(c)(v);

'certificate of exemption' means a certificate issued by the Commissioner of
Registration to a person who by virtue of regulation 25(e) of the Registration of
Persons Regulations (Cap. 177 sub. leg.) (relating to the aged, the blind and the
infirm) is not required to be registered under the Registration of Persons
Ordinance (Cap. 177);

'contract of employment' means any agreement, whether in writing or oral, express
or implied, whereby one person agrees to employ another and that other agrees
to serve his employer as an employee and includes a contract of
apprenticeship;

,,employee' means any person who has entered into a contract of employment to be
employed by any other person as an employee or apprentice;

'employer' means any person who has entered into a contract of employment to
employ any other person as an employee or apprentice, and the duly
authorized agent, manager or factor of such first mentioned person;

'identity card' includes a document issued by the Commissioner of Registration
acknowledging that the holder has applied

(a)to be registered under the Registration of Persons Ordinance (Cap.
177); or

(b)for a new identity card under regulation 13 or 14 of the Registration of
Persons Regulations (Cap. 177 sub. leg.);

'official passport means a passport issued by a foreign Government to an employee
of that Government for the purpose of carrying out official duties;

'record of employees' means a record required to be kept under section 17K.

(2) Without prejudice to any provision of this Ordinance relating to

conditions of stay which may be imposed on any person, a person is lawfully
employable for the purposes of this Part only if-





(a) he is the holder of an identity card;
(b) he is the holder of an official passport; or
(c) he is not required to be registered under the Registration of
Persons Ordinance (Cap. 177) and is the holder of-

(i) a valid travel document which is not endorsed with a condition of
stay prohibiting him for taking employment; (Amended 30 of
1989 s. 2)

(ii) (Repealed 31 of 1984 s. 4)

(iii)a Vietnamese refugee card which does not prohibit him from
taking employment; (Amended 35 of 1981 s. 6)

(iv) a certificate of exemption; or

(v) any other document of a type approved by the Governor by
order published in the Gazette.

(Amended 31 of 1984 s. 4)

17H. Transitional powers of employers

(1) An employee may be required by his employer to produce for inspection
within the time limited by subsection (3)

(a) the employee's identity card;

(b) the employee's official passport; or

(c)where the employee is not the holder of an identity card and is not
required to be registered under the Registration of Persons Ordinance
(Cap. 177)

(i) a valid travel document;
(E) (Repealed 31 of 1984 s. 5)

(iii) a Vietnamese refugee card or a document issued by the

Director acknowledging that the employee is the holder of a
Vietnamese refugee card which is reported lost or destroyed; (iv) a
certificate of exemption; or

(v) any other approved document,
held by the employee.

(2) A requirement may be made under subsection (1)-

(a)at any time prior to the appointed day in the case of an employee
who

(i) is in Hong Kong; and (ii) is
not absent from work; or

(b)upon the first return to work of an employee who between the day on
which an order under section 17F(I)(a) was last made and the
appointed day

(i) was outside Hong Kong; or
(ii) was absent from work.





(3) Where an employee fails

(a)by the appointed day to comply with a requirement made in
accordance with subsection (2)(a); or

(b)within 72 hours of his return to work, to comply with a requirement
made in accordance with subsection (2)(b),

his employer shall be entitled to terminate the employment of such employee
without notice or payment in lieu and no liability, either at common law or under any
Ordinance, shall attach to the employer by reason of such termination or for any
loss thereby suffered by the employee:

Provided that if at any time after the time limited by this subsection the
employee produces to his employer for inspection any document which should have
been produced within the time so limited, the employee's employment shall, if it has
not already been terminated, cease upon such production to be liable to be
terminated under this subsection.

171. Offence to be employer of a person
who is not lawfully employable

(1) Any person who is the employer of an employee who is not lawfully
employable commits an offence and is liable to a fine of $50,000 and
to imprisonment for 1 year.

(2) It shall be a defence in proceedings for an offence under this section for
the person charged to prove that the employee in respect of whom the offence is
alleged to have been committed

(a)had been absent from work continuously from the date when section
17H last came into operation until 72 hours before the date of the
alleged offence; or

(b)is the holder of a Vietnamese refugee card, that at the time the
contract of employment was entered into with the employee the
Vietnamese refugee card held by the employee did not prohibit the
employee from taking employment and that the person charged had
no knowledge that the Vietnamese refugee card held by the employee
was, after the contract of employment was entered into, replaced by a
new Vietnamese refugee card prohibiting the employee from taking
employment. (Replaced 35 of 1981 s. 7)

(3) It shall not be a defence in proceedings for an offence under this section
that the employee entered the employment of the employer before the appointed
day. (Added L.N. 346 of 1982)

(4) Where a person is charged with an offence under this section a certificate
signed by the Director and certifying that the employee in respect of whom the
offence is alleged to have been committed was, at the date of the alleged offence, not
lawfully employable, shall be admitted in evidence on its





production without further proof and, until the contrary is proved, it shall be
presumed

(a) that the certificate was signed by the Director; and

(b)that the employee in respect of whom the offence is alleged to have
been committed was, at the date of the alleged offence, not lawfully
employable. (Added 30 of 1989 s. 3)

17J. Employers to inspect documents of new employee

(1) No person shall in Hong Kong enter into a contract of employment to
employ any other person unless he first inspects

(a) the identity card held by such other person;

(b) the official passport held by such other person; or

(c)where such other person is not the holder of an identity card and is
not required to be registered under the Registration of Persons
Ordinance (Cap. 177)

(i) a valid travel document; (ii)
(Repealed 31 of 1984 s. 6) (iii) a
Vietnamese refugee card; (iv) a
certificate of exemption; or (v) any
other approved document, held by
him.

(2) Any person who contravenes subsection (1) commits an offence and is
liable to a fine of $50,000 and to imprisonment for 1 year.

17JA. Employers to inspect regularly Vietnamese

refugee cards of employees and

termination of employment

(1) Every employer shall, where he has in his employment any employee who is
the holder of a Vietnamese refugee card, require such employee to produce for
inspection the Vietnamese refugee card held by the employee on every occasion
wages are paid by the employer to the employee to ensure that the employee is
lawfully employable.

(2) Where an employee to whom subsection (1) applies

(a)is the holder of a Vietnamese refugee card which prohibits him from
taking employment; or

(b)fails or refuses to produce for inspection, within 72 hours of his
being required to do so under subsection (1), the Vietnamese refugee
card held by him,

his employer shall be entitled to terminate the employment of such employee without
notice or payment in lieu and no liability, either at common law or under any
Ordinance, shall attach to the employer by reason of such termination or for any loss
thereby suffered by the employee:





Provided that if at any time after the time limited by paragraph (b) the
employee produces to his employer for inspection the Vietnamese refugee card
which should have been produced within the time so limited, the employee's
employment shall, if it has not already been terminated and if the employee
is not prohibited from taking employment, cease upon such production to be
liable to be terminated under this subsection.
(Added 35 of 1981 s. 8)

17K. Records to be kept by employers
(1) Every employer shall keep at the place of employment of each of his
employees a record of-
(a)the full name of the employee as shown in his identity card or
other document by virtue of which he is lawfully employable; and
(b)the type of document held by the employee by virtue of which he
is lawfully employable, and the number of that document.
(2) Every employer shall, where he employs more than 10 employees at
any one place of employment, keep at that place the records of those employees
in the form of a list of the names and particulars of those employees required
under subsection (1).
(3) Every employer shall keep the record of each employee and every fist
required to be kept under subsection (2)-
(a) up to date;
(b)in a form which is capable of being produced on demand to a
person authorized to inspect it; and
(c)in a form which is legible and capable of being readily under-
stood by any person authorized to inspect it.
(4) In this section 'place of employment' in relation to an employee who
has no single place of employment, means his principal place of employment.

17L. Powers of enforcement
(1) Every senior labour inspector and labour inspector appointed under
section 3 of the Factories and Industrial Undertakings Ordinance (Cap. 59)
shall, if in uniform or upon production of his authority if required, have
authority to enter any premises or place where he has reasonable cause to
believe that persons are in employment, other than such premises or place as
are principally used for dwelling purposes, and-
(a)to require an employer there to produce on demand for
inspection any record or list which an employer is required to
keep under section 17K; (Replaced 30 of 1989 s. 4)
(b)to require an employee there to produce on demand for
inspection any document which the employee is required by
section 17C to have with him; (Replaced 30 of 1989 s. 4)





(e)to seize and remove any thing which may appear to him to be
evidence of an offence under section 17M. (Added30of1989s.4)

(IA) Any employer from whom any records or lists which an employer is
required to keep under section 17K or other documents have been seized and
removed under subsection (1)(c) shall, pending any proceedings for an offence
under section 17M, be entitled to make copies of and take extracts from such
records, lists or other documents and it shall be the duty of the Director at all
reasonable times, and subject to such reasonable conditions as to security or
otherwise as he may impose, to give the employer access to them for that purpose.
(Added 30 of 1989 s. 4)

(2) Any immigration officer or immigration assistant and any police officer may,
if in uniform or upon production of his authority if required, without prejudice to any
other provision of this Ordinance or to any other law call for, inspect and copy any
record of employees.

17LA. Production of record or list

(1) A senior labour inspector or a labour inspector appointed under section 3 of
the Factories and Industrial Undertakings Ordinance (Cap. 59) may, by notice in
writing served on an employer, require the employer to produce to him for inspection
any record or list which an employer is required to keep under section 17K before the
expiry of such time being not less than 72 hours as shall be specified in the notice.

(2) A notice under subsection (1) may be served by serving a copy

(a) personally;

(b)by registered post addressed to the last known place of business or
residence of the person to be served; or

(c)on any person who appears to the person serving the notice to be an
employee of the person to be served.

(Added 30 of 1989 s. 5)

17M. Offences

(1) Any person who

(a) contravenes section 17K(1), (2) or (3); or

(b)fails to produce for inspection a record or list of employees when
lawfully required to do so, (Amended 30 of 1989 s. 6)

commits an offence and is liable to a fine of 510,000.

(2) Any person who fails or refuses to produce for inspection a document the
production of which is required under section 17L(1)(b) commits an offence and is
liable to a fine of 1,000.

(3) Any person who obstructs any public officer in the execution of his duty
under this Part commits an offence and is liable to a fine of 10,000 and to
imprisonment for 6 months:





Provided that it shall be a defence in proceedings for an offence under this
subsection for the person charged to prove that he did not act unreasonably having
regard to all the circumstances of the offence charged.

17N. Presumption

Any person who is found at a place where employees are in the employment of
an employer shall, unless it is proved that he is lawfully employable, be presumed
until the contrary is proved

(a)to have entered into a contract of employment to be employed by that
employer; and

(b) to be an employee of that employer.

(Part IVB added 62 of 1980 s. 3)

PART V

POWER TO REMOVE OR
DEPORT

18. Removal of persons refused permission to land and
of members of ship's crew who contravene
certain conditions of stay

(1) Subject to subsection (2), an immigration officer or a chief immigration
assistant may remove from Hong Kong in accordance with section 24(Amended 65
of 1989 s. 3)

(a)a person who, pursuant to any examination whatsoever under section
4(1)(a), is under section 11 (1) refused permission to land in Hong
Kong; and (Amended 75 of 1981 s. 6)

(b)a person who, having arrived in Hong Kong on board a ship in which
he was a member of the crew and been given permission to land in
Hong Kong subject to a condition of stay requiring him to leave
Hong Kong

(i) in a specified ship; or

(ii) within a specified period in accordance with arrangements for his
repatriation,

contravenes or is reasonably suspected by an immigration officer of
intending to contravene that condition.

(2) A person who is refused permission to land in Hong Kong may not be
removed from Hong Kong under subsection (1)(a) after the expiry of 2 months
beginning with the date on which he landed. (Amended 75 of 1981 s. 6)

(3) Subsection (2) shall not apply if it appears to the Director that the person
refused permission to land was previously resident in Vietnam. (Added 3 of 1979 s.
2)





1990

(4) Subsection (3) shall expire on 31 December 1990 unless the Legislative
Council by resolution otherwise determines. (Added 3 of 1979 s. 2. Extended L.N.
287 of 1979; 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)

19. Power to order removal

(1) A removal order may be made against a person requiring him to leave Hong
Kong

(a) subject to subsection (3), by the Governor if it appears to him

that that person is an undesirable immigrant who has been

ordinarily resident in Hong Kong for less than 3 years; or

(b) by the Director if it appears to him that that person

(Amended 31 of 1987s. 16)

(i) might have been removed from Hong Kong under section 18(1) if
the time limited by section 18(2) had not passed; or

(ii) has (whether before or after commencement of the Immigration
(Amendment) (No. 4) Ordinance 1981 (75 of 1981)) landed in
Hong Kong unlawfully or is contravening or has contravened a
condition of stay in respect of him; or (Replaced 75 of 1981 s.
7)

(iia) not being a person who enjoys the right of abode in Hong Kong,
or has the right to land in Hong Kong by virtue of section 8(1),
has contravened section 42; or (Added 31 of 1984 s. 7. Amended
31 of 1987 s. 16)

(iii) being a person who by virtue of section 7(2) may not remain in
Hong Kong without the permission of an immigration officer or
immigration assistant, has remained in Hong Kong without
such permission. (Added 79 of 1982 s. 8)

(2) (Repealed 31 of 1987s. 16)

(3) A removal order shall not be made under subsection (1)(a) against an
immigrant who is a British citizen or a United Kingdom belonger except after
consideration by the Governor of the report of a Deportation Tribunal under section
23, unless the Governor certifies that the departure of the immigrant from Hong Kong
is necessary in the interest of the security of Hong Kong or for political reasons
affecting the relations of Her Majesty's Government in the United Kingdom with
another country. (Amended 78 of 1982 s. 5; 31 of 1987 s.16)

(4) A removal order made against a person shall invalidate any permission or
authority to land or remain in Hong Kong given to that person before the order is
made or while it is in force.





(5) Where the Director makes a removal order he shall cause written notice to
be served as soon as is practicable on the person against whom it is made informing
him

(a) of the ground on which the order is made; and

(b)that if he wishes to appeal he must do so by giving to an immigration
officer or immigration assistant written notice of his grounds of appeal
and the facts upon which he relies within 24 hours of receiving the
notice of the order.

(6) In this section 'Director' means the Director of Immigration or the Deputy
Director of Immigration.

(Replaced 62 of 1980 s. 4)

20. Power to deport

(1) The Governor in Council may make a deportation order against an immigrant,
other than a British citizen or a United Kingdom belonger, if(Amended 78 of 1982 s.
6;31 of 1987 s. 17)

(a)the immigrant has been found guilty in Hong Kong of an offence
punishable with imprisonment for not less than 2 years; or

(b)the Governor in Council deems it to be conducive to the public good.

(2) Subject to subsection (3), the Governor in Council may make a deportation
order against a British citizen other than a resident British citizen, or a United
Kingdom belonger other than a resident United Kingdom belonger, if- (Amended 78
of 1982 s. 6; 31 of 1987 s. 17)

(a)such person has been found guilty in Hong Kong of an offence
punishable with imprisomnent for not less than 2 years; or

(b)the Governor in Council deems it to be conducive to the public good.

(3) The Governor in Council shall not make a deportation order against a British
citizen or a United Kingdom belonger under subsection (2) except(Amended 78 of
1982 s. 6;31 of 1987 s. 17)

(a) on the recommendation of a court under section 21;

(b)after consideration of the report of a Deportation Tribunal under
section 23; or

(c)where the Governor certifies that the case concerns the security of
Hong Kong or the relations of Her Majesty's Government in the
United Kingdom with another country.

(4) The Governor in Council may make a deportation order against a resident
British citizen or a resident United Kingdom belonger if the Governor in Council
deems it to be conducive to the public good on the ground that the departure of
such person from Hong Kong is necessary in the interest of the security of Hong
Kong or for political reasons affecting the relations of





Her Majesty's Government in the United Kingdom with another country.

(Amended 78 of 1982 s. 6; 31 of 1987 s. 17)

(5) A deportation order shall require the person against whom it is made to
leave Hong Kong and shall prohibit him from being in Hong Kong at any time
thereafter or during such period as may be specified in the order.

(6) (Repealed 31 of 1987s.17)

(7) A deportation order made against a person shall invalidate any permission
or authority to land or remain in Hong Kong given to that person before the order is
made or while it is in force.

(8) For the purposes of this section and section 21, the question whether an
offence is one for which a person is punishable with imprisonment shall be
determined without regard to any Ordinance restricting the imprisonment of young
offenders.

21. Recommendation by court for deportation

(1) Where an adult British citizen other than a resident British citizen, or an adult
United Kingdom belonger other than a resident United Kingdom belonger, has been
found guilty in Hong Kong of an offence punishable with imprisonment for not less
than 2 years, any court having power to sentence him for that offence may
recommend that a deportation order be made against him. (Replaced 78 of 1982 s. 7.
Amended31 of 1987s. 18)

(2) A court shall not recommend that a deportation order be made against a
person unless that person has been given not less than 7 days notice in writing
stating that such person will be given an opportunity to make to the court
representations with respect to the making of such a recommendation; and, for the
purpose of enabling a notice to be given under this subsection or, if a notice was
given less than 7 days previously, for the purpose of enabling the required 7 days to
elapse, the court may adjourn the proceedings and, if such person is not detained
pursuant to the sentence or order of any court, may remand such person in custody.

(3) In determining whether or not to recommend that a deportation order be
made against any person, a court shall have regard to any representations which
may be made by or on behalf of such person and in particular to any evidence which
such person may adduce as to his character or circumstances.

(4) Notwithstanding any rule of practice restricting the matters which ought to
be taken into account in dealing with an offender who is sentenced to imprisonment,
a recommendation for deportation may be made in respect of an offender who is
sentenced to imprisonment for life.

(5) A recommendation that a deportation order be made against a person shall
be treated as a sentence for the purpose of any Ordinance providing an appeal
against sentence; and where a court recommends or purports to recommend that a
deportation order be made against a person, the validity of





the recommendation shall not be called in question except on an appeal against the
recommendation or the finding of guilty on which it was made.

(6) A deportation order shall not be made on the recommendation of a court so
long as an appeal or further appeal is pending against the recommendation or
against the finding of guilty on which it was made; and for this purpose an appeal or
further appeal shall be treated as pending (where one is competent but has not been
brought) until the expiry of the time for bringing that appeal.

(7) A person shall be treated as an adult for the purposes of this section if he is
of or over the age of 16 years.

22. Appointment of Deportation Tribunal

(1) Where it is proposed that

(a)a removal order should be made under section 19(1)(a) against an
immigrant who is a British citizen or a United Kingdom belonger; or
(Amended62of 1980s. 5; 78of 1982s. 8;31 of 1987s. 19)

(b)a deportation order should be made against a British citizen or a
United Kingdom belonger, (Replaced 31 of 1987s. 19)

and the Governor has not certified that the departure from Hong Kong of such
person is necessary in the interest of the security of Hong Kong or for political
reasons affecting the relations of Her Majesty's Government in the United Kingdom
with another country, the Chief Justice shall, on application by the Attorney General,
appoint a Deportation Tribunal to hold an inquiry under section 23.

(2) Every Deportation Tribunal shall consist of ajudge or a district judge, who
shall be the president of the Tribunal, and 2 other members selected by the Chief
Justice from the panel appointed under subsection (3).

(3) The Governor may appoint such person as he thinks fit to be members of a
panel for the purposes of this section.

23. Inquiry by Deportation Tribunal

(1) A person in whose case a Deportation Tribunal is to hold an inquiry under
this section shall, not less than 7 days before the day appointed for the holding of
the inquiry, be served with a notice in writing

(a)notifying him that a Deportation Tribunal is to hold such inquiry and
of the day on which it will be held; and

(b)containing a statement of the ground on which it is proposed that a
removal order or a deportation order should be made.

(2) Every inquiry under this section shall be held in chambers and the practice
and procedure on the inquiry shall be such as may be prescribed.

(3) The Deportation Tribunal shall, after inquiry in accordance with this section,
make a report to the Secretary for Security setting out its findings of





fact and, if it sees fit, stating whether or not in its opinion a removal order or a
deportation order should be made. (Amended 31 of 1984 s. 8)

PART VI

SUPPLEMENTARY PROVISIONS AS TO REMOVAL AND
DEPORTATION

24. Removal by immigration officer under section 18

(1) Where a person is to be removed from Hong Kong under section 18 or 13E
in a ship or aircraft, an immigration officer may give directions(Amended 42 of 1982
s. 8)

(a)to the captain of the ship or aircraft in which that person arrived in
Hong Kong requiring him to remove that person from Hong Kong in
that ship or aircraft;

(b)to the owners or agents of the ship or aircraft in which that person
arrived in Hong Kong requiring them to remove that person from
Hong Kong in any ship or aircraft specified or indicated in the
directions, being a ship or aircraft of which they are the owners or
agents;

(c)to the said owners or agents requiring them to make arrangements for
the removal of that person from Hong Kong in any ship or aircraft
specified or indicated in the directions to a specified country;

(d)to the owners or agents of any ship or aircraft requiring them to make
arrangements for the removal of that person from Hong Kong in any
ship or aircraft specified or indicated in the directions to a specified
country, notwithstanding that such person did not arrive in Hong
Kong in a ship or aircraft of which they are the owners or agents or in
any ship or aircraft.

(2) A person in respect of whom directions are given under subsection (1) may
be placed under the authority of an immigration officer or immigration assistant on
board any ship or aircraft in which he is to be removed in accordance with the
directions. (Amended57of1972s.6)

(3) Where the ship in which a person arrived in Hong Kong is a ship not
exceeding 500 gross tons

(a)the captain of that ship may be required under subsection (1)(a) to
remove that person from Hong Kong forthwith in that ship; and

(b)an immigration officer or a chief immigration assistant may take such
steps as he thinks necessary to procure the immediate departure of
that ship from Hong Kong. (Amended 65 of 1989 s.3)





(4) A person may be removed from Hong Kong under section 18 or 13E by land
to a specified country; and for that purpose may be taken in the custody of an
immigration officer, immigration assistant or police officer to the place at which he is
to be removed. (Amended57 of 1972 s. 6;42 of 1982 s.8)

(5) Subject to section 25(5) and (5A), the expenses of or incidental to the
removal from Hong Kong of a person who is removed in accordance with directions
under subsection (1)(d) shall be met from moneys provided by the Legislative
Council, but save as aforesaid the expenses of or incidental to the removal from
Hong Kong of a person who is removed in accordance with directions under
subsection (1) shall be met by the owners of the ship or aircraft. (Amended31 of
1984 s. 9)

25. Removal pursuant to removal

order or deportation order

(1) A person in respect of whom a removal order or a deportation order is in
force may be removed from Hong Kong in accordance with this section.

(2) The Director may give directions

(a)to the captain of any ship or aircraft about to leave Hong Kong
requiring him to remove such person from Hong Kong to a specified
country;

(b)to the owners or agents of any ship or aircraft requiring them to make
arrangements for the removal of such person from Hong Kong in a
ship or aircraft specified or indicated in the directions to any such
country.

(3) A person in respect of whom directions are given under subsection (2) may
be placed under the authority of an immigration officer, immigration assistant or
police officer on board any ship or aircraft in which he is to be removed in
accordance with the directions. (Amended57of1972s.7)

(4) A person in respect of whom a removal order or a deportation order is in
force may be removed by land to a specified country, and for that purpose may be
taken in the custody of an immigration officer, immigration assistant or police officer
to the place at which he is to be removed. (Amended 57 of 1972 s. 7)

(5) The Chief Secretary may apply in or towards payment of the expenses of or
incidental to

(a)the voyage from Hong Kong of a person in respect of whom a
removal order or a deportation order is in force; and (Amended 31 of
1984 s. 10)

(b)the maintenance until departure of such a person and his
dependants, if any,

any money belonging to that person; and except so far as they are paid as aforesaid
the expenses of or incidental to the removal from Hong Kong of





a person in respect of whom a removal order or a deportation order is in force shall
be met from moneys provided by the Legislative Council.

(5A) Any expenses under subsection (5) or section 24(5) or any part thereof
met from moneys provided by the Legislative Council may be recovered from the
person concerned as a civil debt due to the Government. (Added 31 of 1984 s. 10)

(6) Without prejudice to subsection (5) or (5A), the Chief Secretary may require
any person to whom subsection (5)(a) applies to use for the purposes of the voyage
from Hong Kong any aeroplane or ship ticket or voucher issued in respect of that
person. (Added52of1976s.2. Amended31 of 1984s. 10)

PART VII

DETENTION

26. Power to detain for inquiry

Without prejudice to any other provision of this Ordinance~

(a)where any member of the Immigration Service of or above the rank of
chief immigration officer or any police officer of or above the rank of
superintendent is satisfied- (Amended 31 of 1984 s.11)

(i)that inquiry for the purposes of this Ordinance, other than the
provisions relating to deportation, is necessary in the case of
any person; and

(ii) that such person may abscond if he is not detained, such
person may be detained for not more than 48 hours; and

(b)where any member of the Immigration Service of or above the rank of
principal immigration officer or any police officer of or above the rank
of assistant commissioner of police is so satisfied, such person may
be detained for not more than a further 5 days.

27. Detention pending examination
and decision as to landing

A person who may be examined under section 4(1)(a) or is required to submit to
further examination following an examination under section 4(1)(a) may be detained
under the authority of an immigration officer

(a) for not more than 24 hours pending the examination; and

(b)for not more than a further 24 hours pending a decision to give or
refuse him permission to land.





28. Detention pending determination of objection

A person who has lodged an objection under section 53(1) may be detained
under the authority of the Director pending the determination of the objection.

29. Detention for inquiry as to deportation

(1) If it appears to the Secretary for Security-
(a)that there are reasonable grounds for inquiry as to whether a
person ought to be deported under section 20; and
(b)that such person should be detained for the purposes of or during
such inquiry,
he may issue a warrant in the prescribed form authorizing the detention of such
person for a period of 14 days.
(2) If it appears to the Secretary for Security that it is desirable that a
person detained under a detention warrant should be further detained-
(a) for the purposes referred to in subsection (1);
(b)for the purpose of inquiries into activities, whether of that person
or another person, which are prejudicial to the security of Hong
Kong, being inquiries which in the opinion of the Secretary for
Security should be conducted before the proceedings for
the deportation of such person are completed; or
(e) while proceedings for his deportation are completed,
the Secretary for Security may from time to time issue further warrants in
the prescribed form authorizing the detention of such person for periods of
7 days.
(3) Any police officer may arrest a person in respect of whom a detention
warrant is in force.
(4) The Secretary for Security may at any time direct that a person
detained under a detention warrant be released.
(Amended 15 of 1980 s. 3)

30. Power to detain following recommendation
of court for deportation

Where a court has recommended that a deportation order be made against
a person, and such person is not detained pursuant to the sentence or order of
any court, he may, unless the court by which the recommendation is made
otherwise directs, be detained for not more than 28 days pending the decision of
the Governor in Council as to whether or not a deportation order should be
made against him.





31. Detention of deportee for inquiries

if-

(a)a person who is in Hong Kong in contravention of a deportation
order in force in respect of him is to be removed from Hong Kong
under section 25; and

(b) it appears to the Governor-

(i)that the continued presence of such person in Hong Kong is
necessary for the time being in connection with inquiries being
carried on into activities, whether of that person or another
person, which are prejudicial to the security of Hong Kong;and

(ii) that such person may abscond if he is not detained, the Governor
may issue a warrant in the prescribed form authorizing the detention of such person
for a period of 14 days.

(2) If it appears to the Governor that a person detained under a warrant issued
under subsection (1) or this subsection should be further detained for such purpose,
he may from time to time issue further warrants in the prescribed form authorizing the
detention of such person for periods of 7 days.

(3) The Governor may at any time direct that a person detained under a warrant
issued under subsection (1) or (2) be no longer detained thereunder.

32. Detention pending removal or deportation

(1) A person who is to be removed from Hong Kong under section 18 or

13E (Amended 42 of 1982 s. 8)
(a)may be detained until he is so removed, and may be so
detained for not more than 48 hours under the authority of
an immigration officer and thereafter under the authority of
the Director; and
(b)may, if he is on board a ship or aircraft, be removed therefrom
under the authority of an immigration officer for detention under
this subsection.

(IA) Where consideration is being given to applying for or making a removal
order in respect of a person, that person may be detained as provided for in
subsection (2) or (2A), whichever is appropriate in the particular case. (Added 62 of
1980 s. 6)

(2) A person may be detained under the authority of the Secretary for Security

(a)for not more than 14 days pending the making of an application to the
Governor for a removal order under section 19(1)(a) in respect of that
person; and





(b)for not more than a further 14 days pending the decision of the
Governor as to whether or not a removal order should be made under
section 19(1)(a) in respect of that person. (Replaced 62 of 1980s.6)

(2A) A person may be detained pending the decision of the Director of
Immigration or Deputy Director of Immigration as to whether or not a removal order
should be made under section 19(1)(b) in respect of that person

(a)for not more than 7 days under the authority of the Director of
Immigration or Deputy Director of Immigration;

(b)for not more than a further 21 days under the authority of the
Secretary for Security; and

(c)where inquiries for the purpose of such decision have not been
completed, for a further period of 21 days under the authority of the
Secretary for Security, in addition to the periods provided under
paragraphs (a) and (b). (Added 62 of 1980 s. 6)

(3) A person in respect of whom a removal order under section 19(1)(a) or a
deportation order is in force may be detained under the authority of the Secretary for
Security pending his removal from Hong Kong under section 25. (Amended 15 of
1980 s. 4; 62 of 1980 s. 6)

(M) A person in respect of whom a removal order under section 19(1)(b) is in
force may be detained under the authority of the Director of Immigration or Deputy
Director of Immigration pending his removal from Hong Kong under section 25.
(Added 62 of 1980 s. 6)

(4) Notwithstanding subsections (1), (1A), (2), (2A), (3) and (3A), a person who
is to be removed from Hong Kong under section 18 or 13E or in respect of whom a
removal order or a deportation order is in force may be detained- (Amended 62 of
1980 s. 6;42 of 1982 s. 8)

(a)under the authority of the Secretary for Security for not more than 28
days; and (Amended 15 of 1980 s. 4)

(b)by order of a court on the application of the Attorney General for
further periods, not exceeding 21 days upon any one application,

for the purpose of giving evidence at the trial of any offence or of facilitating
inquiries into any offence or suspected offence. (Added42of1979s.3)

(5) In subsection (4), 'court' includes the District Court and a magistrate.
(Added 42 of 1979 s. 3)

33. Detention of persons on board ships or aircraft

(1) The captain of a ship or aircraft shall, if so required by an immigration
officer, immigration assistant or police officer, take such steps as maybe necessary
for preventing- (Amended57of1972s.8)





(a). a person who arrived in the ship or aircraft and has been refused
permission to land in Hong Kong; or

(b)a person placed on board the ship or aircraft under section 24(2)
or 25(3),
from landing from the ship or aircraft before it leaves Hong Kong.

(2) For the purpose of preventing any such person from landing from the ship
or aircraft, the captain of the ship or aircraft may detain that person in custody on
board the ship or aircraft.

34. Detention of person arrested under section 54(3)

A person who is arrested under section 54(3) may be detained

(a)by any police officer for the purpose of inquiries for not more than 48
hours; and

(b)under the authority of the Secretary for Security for not more than a
further 28 days pending the decision of the Governor in Council as to
whether or not the suspension of the deportation order made against
him should be rescinded. (Amended 15 of 1980s.5)

35. General provisions as to detained persons

(1) Save as otherwise provided in this Ordinance, persons required or
authorized to be detained by or under this Ordinance may be detained in such places
as the Secretary for Security may by order direct; and the Governor may by order
provide for the treatment of persons so detained. (Amended 15 of 1980s.6)

(2) Subject to this Ordinance, the Secretary for Security may direct
that(Amended 15 of 1980 s. 6; 42 of 1982 s. 9)

(a)a person required or authorized to be detained by or under this
Ordinance; or

(b)persons of such class or description as he may specify, being
persons required or authorized to be detained by or under this
Ordinance,

may be detained in such other place as he may specify, and-
(i) a person in respect of whom such a direction has been given; or

(ii) a person of any class or description in respect of which such a
direction has been given,

may be detained in such place.

(3) Without prejudice to any other Ordinance

(a) any person detained by virtue of this Ordinance; and





(b)any person who, being detained in pursuance of the sentence or
order of a court, would otherwise be liable to be detained by virtue of
this Ordinance,

may be taken in the custody of an immigration officer, immigration assistant, officer
of the Correctional Services Department or police officer to and from any place where
his attendance is required for any purpose of this Ordinance. (Amended 57 of 1972
s. 9; 42 of 1982 s. 9)

(4) Any person required or authorized to be detained by or under this
Ordinance may be arrested without warrant by an immigration officer, immigration
assistant, officer of the Correctional Services Department or police officer; and any
person who is

(a) detained by virtue of this Ordinance;

(b)being removed from one place in which he is detained by virtue of
this Ordinance to another place in which he may be so detained; or

(c)being taken to any place in the custody of an immigration officer,
immigration assistant, officer of the Correctional Services Department
or police officer in accordance with this Ordinance,

shall be deemed to be in lawful custody. (Amended57of 1972s. 9;42of 1982 S.9)

36. Recognizance as alternative to detention

(1) An immigration officer and any police officer may require a person-

(a) who is detained under section 27, 28, 30, 32 or 34; or

(b)who, being liable to be detained under any of those sections, is not
for the time being so detained,

to enter into a recognizance in the prescribed form in such amount and with such
number of sureties as the Director or such police officer may reasonably require; and
where a person who is so detained enters into such a recognizance he may be
released.

(2) A person may be detained under section 27, 28, 30, 32 or 34 notwithstanding
that he has entered into a recognizance pursuant to a requirement under subsection
(1); and where such person is so detained otherwise than in consequence of or
following a breach of the recognizance, the recognizance shall thereupon cease to
have effect.

(3) If it appears to a magistrate on the application of the Director that any
person may become liable to be detained under section 32(2), the magistrate may
order that person to enter into a recognizance in the prescribed form in such amount
and with such number of sureties as he thinks fit. (Added 52 of 1976 s. 3)

(4) The magistrate may order any person who wilfully fails to comply with an
order under subsection (3) to be imprisoned for 6 months. (Added 52 of 1976 s. 3)





(5) A recognizance entered into pursuant to subsection (3) shall cease to have
effect

(a)where the person who has entered into the recognizance has been
detained under section 32(2);

(b)where the person who has entered into the recognizance has a
removal order or deportation order made against him;

(c)where it is decided that a removal order will not be made in respect of
him;

(d)upon the expiration of 6 months from the date on which the
recognizance was entered into or upon the expiration of the period for
which the recognizance has been extended under subsection (6),

whichever is the earlier. (Added52of1976s.3)

(6) A magistrate may, on application by the Director prior to the expiration of a
recognizance entered into pursuant to subsection (3), extend the recognizance for
such period not exceeding 6 months as the magistrate thinks fit.
(Added52of1976s.3)

37. Recovery of cost of maintaining person

detained under section 32(1)

If a person who is detained under section 32(1) pending his removal from Hong
Kong under section 18 arrived in Hong Kong in a ship or aircraft, the Director of
Immigration may require the owner of the ship or aircraft or his agent to pay to the
Government the expense incurred by it in maintaining that person during his
detention.

PART VIIA

UNAUTHORIZED
ENTRANTS

37A. 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

'unauthorized entrant' means a person belonging to a class or description of
persons who, by an order made under section 37B, are declared to be
unauthorized entrants, other than a person who under subsection (2) of that
section is excepted from the declaration in such order.





37B. Declaration of unauthorized entrants

(1) The Governor in Council may by order declare any class or description of
persons, other than persons who enjoy the right of abode in Hong Kong, or have
the right to land in Hong Kong by virtue of section 8(1), to be unauthorized entrants.
(Amended31 of 1987s. 20)

(2) A declaration under subsection (1) may be made subject to such exceptions
as are specified in the order.
37C.Offence by crew etc., of ship carrying
unauthorized entrants

(1) Subject to subsection (2), if a ship enters Hong Kong with an unauthorized
entrant on board

(a) each member of the crew;

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

(c)any person who participated in making arrangements.to enable the
voyage on which the unauthorized entrant boarded the ship or was
brought to Hong Kong to take place,

commits an offence and is liable---

(i)on conviction on indictment to a fine of $5,000,000 and to
imprisonment for life; and

(ii)on summary conviction to a fine of 5100,000 and to imprisonment for
3 years.

(2) (a)The captain or owner of a ship shall not be convicted of an offence
under subsection (1) if he proves that at the time of the entry of the
ship into Hong Kong he did not know, had no reason to suspect and
could not with reasonable diligence have discovered that there was
on board the ship any unauthorized entrant.

(b)A person who is a member of the crew of a ship other than the
captain shall not be convicted of an offence under subsection (1) if
he proves that prior to the commencement of the voyage on which
the unauthorized entrant was brought to Hong Kong, he did not
know and had no reason to suspect that any unauthorized entrant
would be carried on the ship.

(c)A person accused of an offence under subsection (1)(c) shall not be
convicted of such offence if he proves that on the date or dates on
which he participated in making any such arrangements as are
referred to in that subsection he did not know and had no reason to
suspect that any unauthorized entrant would be carried on the ship.

(d)A person who is the agent of the owner of a ship shall not be
convicted of an offence under subsection (1) if he proves





(i) that prior to the commencement of the voyage on which any
unauthorized entrant was brought to Hong Kong, he did not
know and had no reason to suspect that any unauthorized
entrant would be carried on the ship; and

(ii) that he informed the Director at the earliest practicable
opportunity of the presence on board the ship of unauthorized
entrants.

37D. Arranging passage to Hong Kong
of unauthorized entrants

(1) Subject to subsection (2), any person who, on his own behalf or on behalf
of any other person, whether or not such other person is in Hong Kong

(a) arranges or assists the passage to, or within, Hong Kong;

(b)offers to arrange or assist the passage to, or within, Hong Kong; or

(c)does or offers to do an act preparatory to or for the purpose of
arranging or assisting the passage to, or within, Hong Kong,

of a person who is, or of a conveyance which carries, an unauthorized entrant,
commits an offence and is liable

(i) on conviction on indictment to a fine of 55,000,000 and to
imprisonment for life;

(ii) 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

(a)that the person whose carriage on a conveyance or whose passage is
the subject of the charge, was an unauthorized entrant; or

(b)that the conveyance in relation to which he is charged was carrying,
or would carry, any unauthorized entrant,

as the case may be.

(3) In this section 'conveyance' means a ship, aircraft, vehicle or any other
means whatsoever of travel or transport.

37DA. Assisting unauthorized entrant to remain

(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
unauthorized entrant.

(Added 75 of 1981 s. 8)

37E. Forfeiture of ships

(1) Where a ship is used in the commission of an offence under section 37C or
37D, the ship shall be liable to forfeiture whether or not any person is convicted of
any such offence.

(2) With the approval in writing of the Attorney General the Director may seize
and detain any ship which appears to him to be liable to forfeiture under subsection
(1) and within 21 days of any such seizure the Director shall serve notice of the
seizure on the owner of the ship:

Provided that where there is more than one owner of a ship it shall be sufficient
for the purposes of this subsection to give notice to one of the owners.

(3) A notice under subsection (2) shall be deemed to have been duly served on
the owner if

(a)it is delivered to him, or to the person whom the Director believes to
be the owner;

(b)it is sent by registered post addressed to such person at the place of
residence or business of such person, if any, known to the Director;
or

(c)where in the opinion of the Director it is not practicable to serve the
notice in accordance with paragraph (a) or (b) it is published in
accordance with subsection (4).

(4) Within 21 days of the seizure of any ship which appears to the Director to
be liable to forfeiture under subsection (1), notice of the seizure of the ship shall be
published

(a) in the Gazette; and

(b)in 1 newspaper published in Hong Kong in the English language and
1 newspaper so published in the Chinese language.

(5) Any person who has a claim to a ship which has been seized (in this section
and in section 37F referred to as the claimant) may, within 30 days of the publication
in the Gazette of notice of the seizure, give notice in writing to the Director that he
claims that the ship is not liable to forfeiture.

(6) A notice under subsection (5) shall state an address within Hong Kong at
which the claimant may be served in any proceedings arising out of the claim and in
any such proceedings a document addressed to the claimant and sent by post to, or
delivered at, that address shall for the purposes of this Part be deemed to be duly
served on the claimant.





(7) The Director may at any time prior to the expiration of the period of time
specified in subsection (5), terminate the seizure of the ship by serving notice to that
effect on the owner in accordance with subsection (3), or in a similar manner on the
person in possession of the ship at the time it was seized; and within 14 days of so
terminating the seizure of the ship, the Director shall release the ship to the owner or
to such person and publish notice of the termination of the seizure in the manner
provided in subsection (4).

(8) If, on the expiry of the period of time specified in subsection (5) for the
giving of a notice of a claim, no such notice has been given in writing to the
Director, the ship shall thereupon be deemed to be duly forfeited to the Crown.

(9) A person has a claim for the purposes of this section and section 37F if

(a)he is the owner of the ship, or of an interest in the ship, or is the
agent of the owner; or

(b) he was in possession of the ship at the time it was seized.

37F. Determination of application for forfeiture

(1) Where a notice of claim is given under section 37E(5) and the Director does
not terminate the seizure under section 37E(7), the Director shall apply for the
forfeiture of the ship.

(2) An application under subsection (1) may be made to a magistrate, the
District Court or to the High Court, as the Attorney General thinks fit.

(3) When an application under subsection (1) is made to a magistrate, the
magistrate shall issue a summons to the claimant requiring him to appear before a
magistrate on the hearing of the application and shall cause a copy of the summons
to be served on the Director.

(4) When an application under subsection (1) is made to the District Court or
the High Court, it shall be made and proceeded with, and may be withdrawn, in
accordance with rules of court, and may be begun by motion.

(5) If on the hearing of an application made under subsection (1)

(a)neither the claimant nor any other person appears before the court to
make a claim and the court is satisfied that notice of the date of the
hearing was duly served on the claimant; or

(b)neither the claimant nor any person satisfies the court that he has a
claim,

and the court is satisfied that the ship is liable to forfeiture, the court shall order that
the ship be forfeited to the Crown.

(6) If, on the hearing of an application made under subsection (1) and not
withdrawn, the court is satisfied that

(a) the ship is liable to forfeiture; and

(b) a person has a claim in respect thereof,





it shall order that the ship be forfeited to the Crown unless that person satisfies the
court that it is just and equitable in all the circumstances

(i) that the ship should not be forfeited; or

(ii)that the ship should not be forfeited but that instead a sum under
subsection (7) should be paid to the Crown.

(7) Where the court does not order that the ship be forfeited, it shall order that
the ship be released to the owner or his agent either without payment to the Director
or upon payment to the Director of

(a)such sum, if any, as appears to the court to be sufficient to reimburse
the Government for expenditure reasonably incurred or to be incurred
by the Government in seizing and detaining the ship and in supplying
goods and services to it and to any person on board the ship;

(b)such sum, if any, as appears to the court to be just and equitable in
lieu of forfeiture of the ship, having regard to all the circumstances
including the value of the ship, the degree of blameworthiness of the
owner or other claimant and any other relevant factors.

(8) If any sum ordered to be paid under subsection (7) is not paid to the
Director within 1 month of the date of the order, then the ship shall thereupon be
deemed to be duly forfeited to the Crown without prejudice to any order for the
payment of any sum under subsection (7)(a), which may be recovered as a civil debt
due to the Government.

(9) Where the court orders that the ship be forfeited, it may in addition order
the owner or other claimant to pay to the Director the sum specified in subsection
(7)(a).

(10) On the hearing of an application made under subsection (1), a certified true
copy of the record of any proceedings, including the decision of the court, in
respect of an offence under section 37C or 37D shall be admissible in evidence, and
for the avoidance of doubt it is declared that such application is a civil proceeding.

(11) Subject to the provisions of this Ordinance, an application to a magistrate
under subsection (1) may with the leave of the magistrate be withdrawn at any time
prior to the making of an order under subsection (6) or (7), and shall be deemed for
the purpose of the Magistrates Ordinance (Cap. 227) to be a complaint to which
section 8 of that Ordinance applies.

37G. Forfeiture of property

An application may at any time be made by the Attorney General to a
magistrate in the prescribed form, or in accordance with rules of court to the District
Court or the High Court by motion, for forfeiture under this section and if upon
hearing such application or, where no such application is made,





in the course of a prosecution for an offence under section 37C or 37D it appears to
the court that any property other than a ship

(a)has been, is being or is intended to be used in the commission or to
procure or facilitate the commission of an offence under section 37C
or 37D; or

(b)is the proceeds or represents the proceeds, directly or indirectly (as
being the result of any disposal or realization of the whole or part of
the proceeds) of any such offence,

the court shall, whether or not any person is convicted of any such offence, order
the forfeiture of such property unless it is satisfied that it would not be just to do so
or that there is other good reason why it should not do so.

37H. Compensation for seizure of ship or property

(1) Where any ship or other property is seized under this Part and subsequently
released to the owner, whether on the order of a court or otherwise, the owner or
person in lawful possession may within 6 months of such release apply to the
District Court or the High Court for compensation for any loss arising out of the
seizure, which shall be recoverable as a civil debt due from the Government, and
such application may be begun by motion.

(2) An award of compensation under subsection (1) shall be an award of such
sum, if any, as is just and equitable in all the circumstances of the case, including the
conduct and comparative blameworthiness of

(a) the owner of the ship or other property;

(b)the person in charge or control of the ship or other property at the
time it was seized;

(c) the agents of the persons specified in paragraphs (a) and (b); and

(d) public officers and any other persons concerned.
371.Entry of ships with unauthorized entrants may
he permitted in certain circumstances

(1) Notwithstanding anything in this Part, no offence is committed, and no ship
shall be liable to forfeiture, under this Part in respect of the presence of an
unauthorized entrant on board a ship

(a)which the Governor has in his discretion on special grounds granted
permission to enter Hong Kong; or

(b)whose first port of call is Hong Kong, if the unauthorized entrant was
taken on board without reward pursuant to a legal obligation to go to
his assistance.

(2) In any proceedings for an offence under this Part or for forfeiture arising out
of such an offence, until it is proved that an unauthorized entrant was taken on
board a ship





(a) without reward;

(b) pursuant to a legal obligation to go to the assistance of the

unauthorized entrant; and

(c) whose first port of call was Hong Kong, the
contrary shall be presumed.

(3) For the purposes of this section 'legal obligation' means an obligation
imposed upon the state where the ship is registered, pursuant to

(a) an International Convention for the Safety of Life at Sea which

has been acceded to by the United Kingdom and extended to

Hong Kong;

(b) any other international convention acceded to by the United

Kingdom and extended to Hong Kong; or

(c) customary international law.

(4) For the purposes of this section Hong Kong is the first port of call of a ship
if

(a) (i) immediately before the ship first went to the assistance of any
unauthorized entrants it was in the course of a business or
commercial voyage and the next port of call at which the ship
was due to call was Hong Kong; and

(ii) immediately after going to the assistance of the unauthorized
entrants the ship proceeded directly to Hong Kong; or

(b) (i) it is necessary for the ship to enter Hong Kong as a port of refuge
because there is a risk to the ship's safety arising from weather
conditions or from the carriage of hazardous cargoes together
with unauthorized entrants or because the lives of the crew or
other persons on board the ship are in danger;

(ii) the captain, owner or agent informs the Director of Marine at the
earliest practicable opportunity of such of the circumstances
specified in subparagraph (i) as apply to the ship; and

(iii)the Secretary for Security in his discretion grants permission for
the ship to enter Hong Kong.

Proseution for acts outside Hong
Kong

Without prejudice to any law or enactment to the like or a similar effect as that
of this section, where any person is in Hong Kong, he may be charged and
convicted in respect of anything which was done or which occurred wholly or



37J. Prosecution for acts outside Hong Kong

Without prejudice to any law or enactment to the like or a similar effect as that of this section, where any
person is in Hong Kong, he may be charged and convicted in respect of anything which was done or which occurred wholly or
partly outside Hong Kong that would have been an offence under this Part if it had
been done or had occurred within Hong Kong.

37K. Proof

(1) A person who in any proceedings under this Part is alleged to be an
unauthorized entrant shall be presumed to be such until the contrary is proved.





(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.

37NL Expiry of this Part

This Part shall expire on 31 Decemberunless the Legislative Council
by resolution otherwise determines.

(Part VIIA added 61 of 1979s. 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

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





'unauthorized entrant' means a person belonging to a class or description of
persons who, by an order made under section 37B, are declared to be
unauthorized entrants, other than a person who under subsection (2) of
that section is excepted from the declaration in such order.
370.Offence by crew etc., of ship carrying
unauthorized entrants

(1) Subject to subsection (2), if a ship is in waters outside the waters of
the Colony with unauthorized entrants on board, or assisting unauthorized
entrants, in such circumstances that any of them is likely to enter, or to seek to
enter, or to be brought into Hong Kong-
(a) each member of the crew;
(b) the owner of the ship and his agent; and
(c)any person who participated in making arrangements to enable
the voyage on which any of the unauthorized entrants boarded or
were assisted by the ship or were brought to such waters, to take
place, or to enable such assistance to be provided,
commits an offence and is liable-
(i)on conviction on indictment to a fine of $5,000,000 and to
imprisonment for life; and
(ii)on summary conviction to a fine of $100,000 and to im-
prisonment for 3 years.
(2) (a)The captain or owner of a ship shall not be convicted of an
offence under subsection (1) if he proves that at the date of the
alleged offence he did not know, had no reason to suspect and
could not with reasonable diligence have discovered that there
was on board the ship any unauthorized entrant.
(b)A person who is a member of the crew of a ship other than the
captain shall not be convicted of an offence under subsection (1)
if he proves that prior to the commencement of the voyage on
which the offence is alleged to have been committed, he did not
know and had no reason to suspect that any unauthorized
entrant would be carried on the ship or be assisted by it in the
circumstances specified in subsection (1).
(c)A person accused of an offence under subsection (1)(c) shall not
be convicted of such offence if he proves that on the date or dates
on which the offence is alleged to have been committed he did not
know and had no reason to suspect that any unauthorized
entrant would be carried on the ship or be assisted by it in the
circumstances specified in subsection (1).
(d)A person who is the agent of the owner of a ship shall not be
convicted of an offence under subsection (1) if he proves---





(i) that prior to the commencement of the voyage on which the
offence is alleged to have been committed, he did not know
and had no reason to suspect that any unauthorized entrant
would be carried on the ship or be assisted by it in the
circumstances specified in subsection (1); and
(ii) that where there were unauthorized entrants on board the
ship he informed the Director at the earliest practicable
opportunity of that fact.

37P. Arranging passage of unauthorized entrants

(1) Subject to subsection (2), any person who, on his own behalf or
on behalf of any other person, whether or not such other person is in Hong
Kong-
(a)arranges or assists the passage to, or through, waters outside the
waters of the Colony;
(b)offers to arrange or assist the passage to, or through, such waters;
or
(c)does or offers to do an act preparatory to or for the purpose of
arranging or assisting the passage to, or through, such waters,
of a person who is, or of a ship which carries, an unauthorized entrant in such
circumstances that the unauthorized entrant is likely to enter, or to seek to
enter, or to be brought into, Hong Kong commits an offence and is liable-
(i)on conviction on indictment to a fine of $5,000,000 and to
imprisonment for life;
(ii)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-
(a)that the person whose passage or whose carriage on a ship is the
subject of the charge, was an unauthorized entrant; or
(b)that the ship in relation to which he is charged was carrying, or
would carry, any unauthorized entrant,
as the case may be.

37Q. Forfeiture of ships

(1) Where a ship is used in the commission of an offence under section
370 or 37P, the ship shall be liable to forfeiture whether or not any person is
convicted in respect of any such offence.
(2) Sections 37E and 37F shall apply in relation to a ship which is liable
to forfeiture under subsection (1) as they apply to a ship which is liable





to forfeiture under section 37E(1), and accordingly in section 37F(10) the references
to sections 37C and 37D shall, for the purposes of this section, be construed as if
they were references to sections 370 and 37P respectively.

37R. Application to this Part of
provisions of Part VIIA

(1) Subject to subsection (2), sections 37G, 37H, 371, 37J, 37K and 37L shall
apply and have effect for the purposes of this Part as if they were contained in this
Part.

(2) For the purposes of construing section 37G in its application to this Part in
accordance with subsection (1), the references in that section to sections 37C and
37D shall be deemed to be references to sections 370 and 37P respectively.

37S. Additional powers and saving

(1) Any power under this Ordinance that may be exercised within the waters of
the Colony may, for the purposes of preventing the commission of any offence
under this Ordinance, or of preventing the entry to Hong Kong of unauthorized
entrants, be exercised in waters outside the waters of the Colony.

(2) No action shall lie for anything done or purported to be done under the
provisions of this Ordinance in waters outside the waters of the Colony which
would not be actionable if done within the waters of the Colony.

37T. Expiry of this Part

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

(Part VIIBadded61of 1979s.4. 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 VIII

OFFENCES AND
FORFEITURE

38. Prohibition of landing and remaining
without permission, and penalty for
carrying illegal ~grant

(1) Subject to subsection (2), a person who

(a)being a person who by virtue of section 7 may not land in Hong
Kong without the permission of an immigration officer or immigration
assistant, lands in Hong Kong without such

permission; or(Amended 15 of 1980 s. 10)





(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).

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.





41. Breach of condition of stay

Any person who contravenes a condition of stay in force in respect of him shall
be guilty of an offence and shall be liable on conviction to a fine of $5,000 and to
imprisonment for 2 years.

42. False statements, forgery of documents and

use and possession of forged documents

(1) Any person who makes or causes to be made

(a)to an immigration officer, immigration assistant or any other person
lawfully acting under or in the execution of Part 11, 111 or IV of this
Ordinance;

(b)in any document furnished to an immigration officer or immigration
assistant pursuant to this Ordinance or a requirement made
thereunder; or

(c)for the purpose of obtaining, whether for himself or any other person,
any travel document, entry permit, re-entry permit, certificate of
identity, document of identity or Vietnamese refugee card,

any statement or representation which he knows to be false or does not believe to
be true shall be guilty of an offence. (Amended 57of 1972 s. 10)

(2) Any person who

(a) (i) alters without lawful authority or forges; or

(ii) transfers to another without reasonable excuse, any travel
document, entry permit, re-entry permit, certificate of identity,
document of identity or Vietnamese refugee card or any document
whatsoever issued, kept or made under or for the purposes of Part 11,
Ill or IV of this Ordinance; (Replaced 61 of 1986s.3)

(b)uses for the purposes of Part II, III or IV of this Ordinance any forged,
false or unlawfully obtained or altered travel document, entry permit,
re-entry permit, certificate of identity, document of identity,
Vietnamese refugee card or other document;

(c) has in his possession-

(i)any forged, false or unlawfully obtained or altered travel
document, entry permit, re-entry permit, certificate of identity,
document of identity or Vietnamese refugee card; or

(ii) any forged, false or unlawfully altered document whatsoever
intended for use for the purposes of Part II, III or IV of this
Ordinance,

shall be guilty of an offence.

(3) A travel document, entry permit, re-entry permit, certificate of identity,
document of identity or Vietnamese refugee card shall be deemed





to be unlawfully obtained for the purposes of this section if any person made a false
statement or representation for the purposes of or in connection with an application
for the issue or renewal of the same.

(4) Any person who is guilty of an offence under this section shall be liable

(a)on conviction on indictment, to a fine of $50,000 and to imprisonment
for 14 years; and (Amended 66 of 1981 s. 3)

(b)on summary conviction, to a fine of $20,000 and to imprisonment for 2
years.

(5) In this section, 'false' means false in a material particular.

(Amended 62 of 1980 s. 7)

43. Breach of deportation order, and landing from ship

or aircraft in which removal to he effected

(1) Subject to subsection (2), if-

(a)any person in respect of whom a deportation order is in force is in
Hong Kong in contravention of the order; or

(b)any person who has been placed on board a ship or aircraft under
section 25(3) lands from the ship or aircraft before it leaves Hong
Kong,

he shall be guilty of an offence and shall be liable-
(i) on conviction on indictment, to imprisonment for 7 years; and

(ii) on summary conviction, to imprisonment for 3 years.

(2) A person who has not been given notice

(a) of a deportation order made against him;

(b)of the rescission of a suspension of the deportation order made
against him,

shall not be guilty of an offence under subsection (1)(a).

44. Miscellaneous offences

Any person who without reasonable excuse knowingly contravenes-

(a)section 3(1), (3), (4) or (5), 5(4) or (5), 6(1), (2) or (4), 14(1), 16(1), 17(1),
(2) or (3) or 33(1);

(b)any requirement made under section 3(2), 5(1), (3), (6) or (7), 6(3), 11(8)
or 15(1);

(c) any directions given under section 5(8), 24(1) or 25(2); or

(d) any condition imposed under section 13,

shall be guilty of an offence and shall be liable on conviction to a fine of
$20,000.





45. Continuance of an offence

Where a person is convicted of an offence under section 44 consisting of a
contravention of section 14(1) and the contravention continues after the conviction,
then, unless he has a reasonable excuse for the continuance of the contravention, he
shall be guilty of a further offence under section 44 and shall be liable on conviction
to be punished accordingly.

46. Limitation of time for prosecution

of summary offences

(1) Subject to subsection (2), a complaint may be made or an information laid in
respect of an offence under this Ordinance punishable only on summary conviction
within 2 years from the time when the matter of such complaint or information
respectively arose.

(2) A complaint may be made or an information laid in respect of an offence
under section 38(1)(b) or 41 within 3 years from the time when the matter of such
complaint or information respectively arose.

(Replaced 52 of 1976 s. 4)

46A. Forfeiture of property other than a ship or vehicle

(1) An application may at any time be made by the Attorney General to a
magistrate in the prescribed form, or in accordance with rules of court to the District
Court or the High Court by motion, for forfeiture under subsection (2) of any
property other than a ship or vehicle.

(2) If in the course of a prosecution for an offence under section 38(1) or under
section 90(1) of the Criminal Procedure Ordinance (Cap. 221) where the arrestable
offence which a person has committed is an offence under section 38(1), or of the
hearing of an application made under subsection (1) by the Attorney General for
forfeiture under this section, it appears to the court that any property other than a
ship or vehicle

(a)has been, is being or is intended to be used in the commission or to
procure or facilitate the commission of such an offence; or

(b)is the proceeds or represents the proceeds directly or indirectly (as
being the result of any disposal or realization of the whole or part of
the proceeds) of any such offence,

the court shall, whether or not any person is convicted of any such offence, order
the forfeiture of such property unless it is satisfied that it would not be just to do so
or that there is other good reason why it should not do so.

(3) Where it appears to a court which is considering making an order for
forfeiture under this section that a person who is not before the court may claim
ownership of, or an interest in, the property which may be forfeited, it shall give that
person an opportunity to make representations to the court as to why such an order
should not be made.

(Added 61 of 1979 s. 5)





46B. Power to restrain disposal of property

(1) A court, in the course of a prosecution under this Ordinance, or of the
hearing of any application by the Attorney General for forfeiture under this
Ordinance, may of its own motion or upon application by the Attorney General, by
written notice to any person in possession or control of money or property that may
be forfeited, direct that such person shall not dispose of or otherwise deal with the
property specified in the notice without the consent of the court.

(2) A person who disposes of, or otherwise deals with property specified in a
notice under subsection (1) other than in accordance with the consent of the court
shall be guilty of an offence and liable to a fine of $50,000 or the value of the
property disposed of or otherwise dealt with, whichever is the greater, and to
imprisonment for 3 years.

(Added 61 of 1979 s. 5)

47. Forfeiture of ships and vehicles

(1) Where the captain of a ship is guilty of an offence under section 38(4) or 39,
the ship shall be liable to forfeiture, whether or not the captain is convicted in
respect of such offence. (Amended42of1979s.4)

(2) Any vehicle which has been used in the commission of

(a) an offence under section 38(1); or

(b)an offence under section 90(1) of the Criminal Procedure Ordinance
(Cap. 221) where the arrestable offence which a person has committed
is an offence under section 38(1) of this Ordinance,

shall be liable to forfeiture, whether or not any person has been convicted in respect
of such offence.

(3) Within 21 days of the seizure of any ship or vehicle which appears to him to
be liable to forfeiture under subsection (1) or (2), the Director may serve notice of
such seizure on the owner of the ship or vehicle:

Provided that where there is more than one owner of a ship or vehicle it shall be
sufficient for the purposes of this subsection to give notice to one of the owners.

(4) A notice under subsection (3) shall be deemed to have been duly served if

(a) it is delivered to the person on whom it is to be served;

(b)it is sent by registered post addressed to such person at the place of
residence or business of such person, if any, known to the Director;
or

(c)where it cannot be served in accordance with paragraph (a) or (b),
the notice is exhibited in the Immigration Department in





a place to which the public have access for a period of not less
than 7 days commencing within 21 days of the seizure of the ship
or vehicle.
(5) Within 7 days after the service under subsection (3) of a notice of
seizure, notice of the seizure of the ship or vehicle shall be published-
(a) in the Gazette; and
(b)in 1 newspaper published in Hong Kong in the English language
and in 1 newspaper so published in the Chinese language.
(6) Where a notice of seizure has been served under subsection (3), any
person who has a claim (hereinafter referred to as the claimant) may within 30
days after-,
(a)the date of the notice, if it was served under subsection (4)(a)
or (b); or
(b)the first day on which the notice was exhibited, if it was served
under subsection (4)(c),
give notice in writing to the Director that he claims that the ship or vehicle is
not liable to forfeiture.
(7) If, on the expiry of the appropriate period of time specified in
subsection (6) for the giving of a notice of claim, no such notice has been given
in writing to the Director, the ship or vehicle shall be forfeited forthwith to the
Crown.
(8) A person has a claim for the purposes of this section and section 48
if-
(a) he is the owner of the ship or vehicle or the agent of the owner; or
(b)he was in possession of the ship or vehicle at the time it was
seized.

48. Determination of applications for forfeiture

(1) Where a notice of claim is given under section 47(6), the Director shall
apply in the prescribed form to a magistrate for the forfeiture of the ship or
vehicle and shall state in the application the name and address of the claimant
as specified in the notice of claim.
(2) When any such application is made to a magistrate, the magistrate
shall issue a summons in the prescribed form to the claimant, requiring him to
appear before a magistrate on the hearing of the application, and shall cause
a copy of the summons to be served on the Director.
(3) If, on the hearing of an application under this section-
(a)neither the claimant nor any other person appears before the
magistrate to make a claim and the magistrate is satisfied that the
summons was duly served; or
(b)neither the claimant nor any other person satisfies the magistrate
that he has a claim,





and the magistrate is satisfied that the ship or vehicle is liable to forfeiture, the
magistrate shall order that the ship or vehicle be forfeited to the Crown.

(4) If, on the hearing of an application under this section

(a) a person satisfies the magistrate that he has a claim; and

(b)the magistrate is satisfied that the ship or vehicle is liable to
forfeiture,
the magistrate may order that the ship or vehicle be(i)
forfeited to the Crown; or

(ii) delivered to the owner thereof or his agent.

(5) If, on the hearing of an application under this section, the magistrate is not
satisfied that the ship or vehicle is liable to forfeiture, he shall order that it be
delivered to the owner thereof or his agent.

(6) On the hearing of an application under this section a certified true copy of
the record of the proceedings, including the decision of the court, in any
proceedings in respect of the offence under section 38(1) or (4) or 39 of this
Ordinance or section 90(1) of the Criminal Procedure Ordinance (Cap. 221) shall be
admissible in evidence. (Replaced 42 of 1979 s.5)

(7) Subject to the provisions of this Ordinance, an application under this
section shall be deemed for the purposes of the Magistrates Ordinance (Cap. 227) to
be a complaint to which section 8 of that Ordinance applies.

49. Security in lieu of detention where application

made for forfeiture of ship or vehicle

(1) Where an application has been made under section 48, a magistrate may, on
payment into court by way of security of a sum of money not less in amount than
the value of the ship as assessed by the Director of Marine or the value of the
vehicle as assessed by the Director, order that the ship or vehicle be delivered to the
claimant, subject to a condition that it be re-delivered into the custody of the
Director before the date of hearing of the application.

(2) If a ship or vehicle which has been delivered to a claimant under subsection
(1) is not re-delivered to the Director before the date of hearing of the application
under section 48, the magistrate hearing the application may, in lieu of ordering that
the ship or vehicle be forfeited to the Crown, order that the money paid into court
under subsection (1) be forfeited to the Crown.

(3) Save as provided in subsection (2), the magistrate hearing the application
shall, at the conclusion of the proceedings, order that the amount of the money paid
into court under subsection (1) shall be repaid to the person who paid it into court.

50. Claims for return of forfeited ships, vehicles or money

(1) The owner of any ship or vehicle forfeited to the Crown under section 47 or
48 or his agent or the person by whom money forfeited to the Crown under section
49 was paid into court may within 6 weeks after





(a) the ship, vehicle or money was forfeited to the Crown; or

(b)the determination of any appeal against the order for its forfeiture,

give notice in writing to the Director of his intention to submit to the Governor a
moral claim in respect of the forfeited ship, vehicle or money.

(2) Where the owner of a forfeited ship or vehicle or the person by whom
forfeited money was paid into court has given notice in writing to the Director under
subsection (1) and has submitted a moral claim to the Governor by lodging it with
the Chief Secretary within 1 month from the date of such notice, the Governor may

(a)order the return of the forfeited ship or vehicle to the owner or his
agent or the return of the forfeited money to the person by whom it
was paid into court, as the case may be; or

(b) direct that the claim be referred to the Governor in Council.

(3) The Governor in Council, on considering a claim referred to him under
subsection (2), may

(a)order the return of the forfeited ship or vehicle to the owner or his
agent or the return of the forfeited money to the person by whom it
was paid into court, as the case may be; or

(b) reject the claim.

PART IX

MISCELLANEOUS

51. Public officers to be subject to Governor's directions

(1) The Governor may give such directions as he thinks fit (either generally or in
any particular case) with respect to the exercise or performance by any public officer,
not being a judge, a district judge or a magistrate, of any powers, functions or duties
under this Ordinance.

(2) Any public officer shall, in the exercise or performance of any powers,
functions or duties under this Ordinance, comply with any directions given by the
Governor under subsection (1).

52. Immigration officers to be subject to directions

of Director of Immigration

(1) The Director of Immigration may give such directions as he thinks fit (either
generally or in any particular case) with respect to the exercise or performance by
any other immigration officer or an immigration assistant of any powers, functions or
duties under this Ordinance. (Amended 57 of 1972 S. 11)





(2) Any immigration officer or immigration assistant shall, in the exercise or
performance of any powers, functions or duties under this Ordinance, comply with
any directions given by the Director of Immigration under subsection (1) in addition
to complying with directions given by the Governor under section 51(1). (Amended
57of 1972 s.]])

(3) Directions given under subsection (1) shall not be inconsistent with
directions given by the Governor under section 5 1 (1).

53. Review of decisions of public officers

(1) Subject to subsection (8), any person aggrieved by a decision, act or
omission of any public officer taken, done or made in the exercise or performance of
any powers, functions or duties under this Ordinance may by notice in writing
lodged with the Chief Secretary within the time prescribed in subsection (2) object to
that decision, actor omission. (Amended62 of 1980s. 8)

(2) An objection under subsection (1) shall be lodged within the period
hereinafter specified after the person aggrieved was informed of the decision, act or
omission or the same became known to him (whichever is the earlier), that is to say

(a)within 24 hours, in the case of a person who, having landed in Hong
Kong unlawfully, has been in Hong Kong in the opinion of the
Director for less than 10 days; (Amended75of1981s.9)

(b) within 14 days, in any other case.

(3) An objection under subsection (1) by a person referred to in subsection
(2)(a) shall be considered by the Governor; any other objection under subsection (1)
shall be considered by the Governor in Council.

(4) On consideration of an objection under subsection (1), the Governor or the
Governor in Council, as the case may be, may confirm, vary or reverse the decision,
act or omission of the public officer or substitute therefor such other decision or
make such other order as he thinks fit.

(5) The Governor in Council may at any time of his own motion vary or reverse
any decision, act or omission of any public officer taken, done or made in the
exercise or performance of any powers, functions or duties under this Ordinance or
substitute therefor such other decision or make such other order as he thinks fit.

(6) Nothing in this section entitles a person to object under this section to any
decision, act or omission of the Governor, the Governor in Council or any court or
entitles the Governor in Council to review any decision, act or omission of a court.

(7) For the removal of doubt, it is hereby declared that the lodging of an
objection does not give the person by whom or on whose behalf it is lodged the
right of abode in Hong Kong or right to land or remain in Hong Kong pending the
decision on the objection of the Governor or the Governor in Council. (Amended31
of 1987s. 21)





(8) No objection shall be made under this section-

(a) to a warrant of detention issued under section 13A(6); or

(b)to a removal order made by the Director of Immigration or the Deputy
Director of Immigration; or

(c) to the decision of an adjudicator; or

(d)to the decision of a public officer in respect of the right of abode in
Hong Kong of any person where the Registration of Persons Tribunal
has previously determined that that person does not enjoy that right;
or (Replaced 31 of 1987s. 21. Amended23of 1989s.5)

(e)to any decision in respect of which a right to apply to a Board under
section 13F(1) has at any time subsisted; or (Added23of 1989s.5)

(f)to an order for the removal of a person from Hong Kong under
section 13E. (Added23 of 1989s. 5)
53A.Appeal against removal orders made by Director
or Deputy Director of Immigration

(1) A person against whom a removal order has been made by the Director of
Immigration or the Deputy Director of Immigration may appeal to the Tribunal
against the removal order on the ground that on the facts of his case

(aa) he enjoys the right of abode in Hong Kong; or (Added 31 of
1987s.22)

(a) he has the right to land in Hong Kong under section 8(1); or

(b)he had at the date when the removal order was made the permission
of the Director of Immigration to remain in Hong Kong.

(2) A person who wishes to appeal under subsection (1) shall serve written
notice of appeal, stating his grounds of appeal and the facts upon which he relies,
upon an immigration officer or immigration assistant, within 24 hours of being
notified of the removal order under section 19(5):

Provided that such notice shall not preclude such person from raising other
facts prior to the determination of his appeal by the Tribunal and relying upon those
facts.

(3) Where the Tribunal, upon an examination of

(a)the written notice of appeal served under subsection (2) on which a
person ('the appellant') appealing under subsection (1) seeks to rely;
and

(b)the summary or record of the proceedings of the Registration of
Persons Tribunal in respect of an unsuccessful appeal by the
appellant under section 3D(1) of the Registration of Persons
Ordinance (Cap. 177),





is satisfied that the facts or matters on which the appellant is seeking to rely are the
same or substantially the same facts or matters on which the appellant sought to rely
on the appeal to the Registration of Persons Tribunal, it may dismiss the appeal
under subsection (1) without a hearing and shall cause written notice of such
dismissal to be given or sent by post to the appellant. (Added31 of 1987s. 22)

(Added 62 of 1980 s. 9)

53B. Removal orders not to be executed pending appeal

A person shall not be removed pursuant to a removal order made by the
Director of Immigration or the Deputy Director of Immigration

(a)until the time limited for an appeal has passed or the person against
whom the removal order has been made declares in writing that he
does not intend to appeal, whichever is the sooner; or

(b)where an appeal against the order is commenced, until the appeal is
determined by the Tribunal, or the appellant declares in writing that
he is abandoning his appeal, whichever is the sooner.

(Added 62 of 1980 s. 9)

53C. Dismissal of appeal without hearing

Where the Tribunal, upon an examination of the written grounds of appeal on
which a person appealing under section 53A seeks to rely, is satisfied that the facts
or matters on which the appellant is seeking to rely are matters which would not
entitle the appellant to succeed in the appeal, it may dismiss the appeal without a
hearing and in any such case it shall cause written notice of such dismissal to be
given to the appellant and to the Director of Immigration.

(Added 62 of 1980 s. 9)

53D. Determination of appeals

(1) On an appeal under section 53A against a removal order

(a)where the Tribunal determines that on the facts of the case as it finds
them the appellant

(ia) does not enjoy the right of abode in Hong Kong; and (Added31
of 1987s. 23)

(i) does not have the right to land in Hong Kong under section 8(1);
and

(ii) does not, disregarding the effect of the removal order under
section 19(4), have the permission of the Director of Immigration
to remain in Hong Kong,

it shall dismiss the appeal; and





(b)in any other case it shall allow the appeal and rescind the removal
order.

(2) The decision of the Tribunal under this section or section 53C shall be final.

(Added 62 of 1980 s. 9)

53E. Release of successful appellant

Where an appeal under section 53A is successful the appellant shall be
released forthwith unless he may be held in lawful custody on some other matter.

(Added 62 of 1980 s. 9)

53F. Establishment of Immigration Tribunal

(1) There is hereby established a tribunal to be known as the Immigration
Tribunal.

(2) For the purpose of exercising the jurisdiction of the Tribunal, the Governor
shall appoint a chief adjudicator, deputy chief adjudicator and such number of other
adjudicators as from time to time may be necessary.

(3) The remuneration, if any, of the chief adjudicator, deputy chief adjudicator
and other adjudicators shall be determined by the Governor.

(Added62 of 1980s. 9. Amended24 of 1984s.3)

53G. Practice and procedure of Tribunal

(1) The practice and procedure on appeals under section 53A, and of the
Tribunal shall be such as shall be prescribed, and without prejudice to the generality
of the foregoing and of section 59, the following matters may be prescribed and
provided for under section 59

(a)the number of adjudicators who shall hear and determine any appeal;

(b)provision as to witnesses and the production of documents similar to
that in sections 21 and 22 of the Magistrates Ordinance (Cap. 227);

(ba) provision for the payment of an allowance to witnesses at a hearing
of an appeal similar to that contained in rules made under section 9B
of the Criminal Procedure Ordinance (Cap. 221) for the payment of an
allowance to witnesses in criminal proceedings before any court;
(Added 24 of 1984 s. 4)

(c)the hearing of an appeal in the absence of the appellant where he
cannot attend by reason of illness or injury or where his attendance
would present a threat to the health or safety of other persons at the
hearing or in other circumstances; and





(d)provision empowering the Tribunal to allow, if it thinks fit, the
appellant and respondent to be represented by counsel or a solicitor.

(2) The Tribunal and any adjudicator may in the discharge of any function
under this Ordinance consult any member of a panel of legal advisers to the Tribunal
appointed by the Attorney General.

(Added 62 of 1980 s. 9)

54. Suspension of deportation orders

(1) The Governor may suspend the deportation order made against any person
on such conditions as he thinks fit, and during the continuance of the suspension
the deportation order shall not be in force.

(2) The Governor in Council may rescind the suspension of a deportation order,
whereupon the deportation order shall again be in force in respect of the person
against whom it was made.

(3) Any police officer who has reason to suspect that a person has contravened
any condition subject to which the deportation order made against that person is
suspended may arrest such person.

(4) If a person who has been arrested under subsection (3) is charged with any
offence, he shall be brought before a magistrate within 48 hours after his arrest.

55. Rescission of deportation orders

(1) The Governor in Council may rescind the deportation order made against
any person, but the rescission of the deportation order shall not affect the power of
the Governor in Council to make another such order against that person.

(2) The Governor in Council may, on rescinding the deportation order made
against any person, require that person to enter into a recognizance in the
prescribed form in such amount and with such sureties as the Governor in Council
may specify. (Amended 55 of 1983 s. 3)

(3) A requirement under subsection (2) shall be deemed for the purposes of the
provisions of the Magistrates Ordinance (Cap. 227) relating to recognizances to be
an order under section 61(1) of that Ordinance.

56. Miscellaneous powers of immigration

officers and immigration assistants

(1) For the purposes of this Ordinance, an immigration officer or

immigration assistant may- (Amended 15 of 1980 s. 8)





(a)board and search any ship, aircraft, vehicle or train which has arrived
in Hong Kong (not being a ship of war or a military aircraft);

(b)search any person being examined under section 4(1), other than a
person who enjoys the right of abode in Hong Kong, or has the right
to land in Hong Kong by virtue of section 8(1), and any property
belonging to such person or under his control; (Amended31 of 1987s.
24)

(c) (Repealed 15 of 1980 s. 8)

(d) (Repealed 15 of 1980 s. 8)

(e)seize, remove and detain any thing which may be forfeited under this
Ordinance or which is or contains evidence of the commission of an
offence under this Ordinance or of the landing of any person in Hong
Kong unlawfully; (Amended 75 of 1981 s. 10)

(f) (Repealed 15 of 1980 s. 8)

(g)search any person who is or has been or may be arrested or detained
under this Ordinance and any property belonging to him or under his
control.

(IA) For the purposes of this Ordinance, an immigration officer or immigration
assistant may- (Amended 31 of 1984 s. 12)

(a) detain for not more than 7 days any document-

(i) produced pursuant to a requirement under section 5(6)(b); or
(ii) found on any person searched under subsection (1)(b);

(b)arrest and detain any person if he has reason to suspect that such
person has committed an offence under this Ordinance, or has landed
in Hong Kong unlawfully and has not been authorized by the
Director to remain; (Amended 75 of 1981 s. 10)

(c)board and search any ship, aircraft, vehicle or train (not being a ship
of war or a military aircraft), or enter and search any premises or
place, if he has reason to suspect that there is therein

(i) any person who may be arrested under this Ordinance; or

(ii) any thing which may be seized under this Ordinance. (Added 15
of 1980 s. 8)

(2) For the purposes of this Ordinance, any public officer may

(a)break open any outer or inner door of or in any premises or place
which he is empowered to enter and search;

(b)stop and forcibly board any ship, aircraft, vehicle or train which he is
empowered to board and search;

(c) stop any person whom he is empowered to search;

(d)remove by force any person or thing obstructing any arrest,
boarding, entry, search, seizure, removal or detention which he is
empowered to make;





(e)detain every person found in any premises or place which he is
empowered to search until the same has been searched;

(f) detain every person on board any ship, aircraft, vehicle or train which
he is empowered to search, and prevent any person from
approaching or boarding such ship, aircraft, vehicle or train, until it
has been searched.

(3) No female shall be searched under this section except by a female and no
person shall be searched under this section in a public place if he objects to being
so searched.

(4) Where a document is detained under subsection (1A)(a), the person by
whom it was produced or on whom it was found shall be supplied with a
photographic copy of such document if he so requests and makes payment therefor,
and the copy so supplied to a person shall be made in his presence. (Amended31 of
1984 s. 12)
56A.Exercise by customs officers of certain
powers of immigration officers

(1) Any member of the Customs and Excise Service authorized in writing by the
Commissioner of Customs and Excise may exercise the powers conferred on an
immigration officer by section 3(2), 4(1), 5(3), (6) or (7), 11 (1), (IA) or (2), 18(1)(a),
24(1)(a) or (3), 27, 32(1) or 56(1) or (IA).

(2) An authorization given by the Commissioner of Customs and Excise under
subsection (1) may be given to a member of the Customs and Excise Service by name
or may be given to any such member holding such rank or performing such duties as
the Commissioner may specify, and may extend to all the powers specified in
subsection (1) or to such of those powers as the Commissioner may specify.

(3) The Commissioner of Customs and Excise may, after consultation with the
Director of Immigration, give such directions as the Director may specify to members
of the Customs and Excise Service authorized under this section to exercise any of
the powers of an immigration officer.

(4) A member of the Customs and Excise Service shall, in the exercise of any
powers which he is authorized under this section to exercise, comply with any
directions given by the Commissioner of Customs and Excise under subsection (3) in
addition to complying with directions given by the Governor under section 51(1).

(5) Directions given under subsection (3) shall not be inconsistent with
directions given by the Governor under section 5 1 (1).

(6) The Commissioner of Customs and Excise may, after consultation with the
Director of Immigration, cancel any authorization given under subsection (1) and, in
the event of such cancellation, any directions given by the Commissioner under
subsection (3) shall cease to have effect.





(7) In this section-

'Commissioner of Customs and Excise' includes a Deputy Commissioner of

Customs and Excise and an Assistant Commissioner of Customs and

Excise; (Amended 40 of 1985 s. 8)

'member of the Customs and Excise Service' means any person holding an

office specified in Schedule 1 to the Customs and Excise Service Ordinance

(Cap. 342).

(Added31 of 1984 s. 13)

57. Exercise by police officers of certain

powers of immigration officer

(1) Any police officer authorized in writing by the Commissioner of Police may
exercise the powers conferred on an immigration officer by section 3(2), 4(1), 5(3), (6)
or (7), 11(1), (IA) or (2), 18(1)(a), 24(1)(a) or (3), 27, 32(1) or 56(1)or(1A).
(Amended66of1981s.4;79of1982s.9)

(2) An authorization given by the Commissioner of Police under subsection (1)
may be given to a police officer by name or may be given to any police officer
holding such rank or performing such duties as the Commissioner may specify, and
may extend to all the powers specified in subsection (1) or to such of those powers
as the Commissioner may specify.

(3) The Commissioner of Police may, after consultation with the Director of
Immigration, give such directions as the Director may specify to police officers
authorized under this section to exercise any of the powers of an immigration officer.

(4) A police officer shall, in the exercise of any powers which he is authorized
under this section to exercise, comply with any directions given by the
Commissioner of Police under subsection (3) in addition to complying with
directions given by the Governor under section 51(1).

(5) Directions given under subsection (3) shall not be inconsistent with
directions given by the Governor under section 5 1 (1).

(5A) The Commissioner of Police may, after consultation with the Director of
Immigration, cancel any authorization given under subsection (1) and, in the event of
such cancellation, any directions given by the Commissioner under subsection (3)
shall cease to have effect. (Added 31 of 1984s.14)

(6) In this section, 'Commissioner of Police' includes any deputy commissioner
of police, senior assistant commissioner of police or assistant commissioner of
police.

57A. Powers of arrest by Her Majesty's forces

(1) Without prejudice to this Ordinance or any other law, any member of Her
Majesty's forces acting in the course of his duty and for the purposes of





this Ordinance may arrest any person whom he reasonably suspects to be a person
who

(a)by virtue of section 7 may not land in Hong Kong without the
permission of an immigration officer or immigration assistant and who
lands or attempts to land without such permission; or

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

and may use such force as may be reasonably necessary for the purpose.

(2) Any person arrested under subsection (1) shall be delivered into the
custody of a police officer or an immigration officer or immigration assistant as soon
as practicable.

(Added52of1976s.5. Amended15of 1980s. 10)
57B.Resisting arrest by, and obstruction
of, Her Majesty's forces

(1) Any person being a person liable to arrest under section 57A (1) who resists
arrest by a member of Her Majesty's forces under that subsection shall be guilty of
an offence and shall be liable on conviction to a fine of $1,000 and to imprisonment
for 6 months.

(2) Any person who obstructs any member of Her Majesty's forces acting in the
course of his duty and for the purposes of this Ordinance shall be guilty of an
offence and shall be liable on conviction to a fine of $1,000 and to imprisonment for 6
months.

(Added 52 of 1976 s. 5)

57C. Definition of 'Her Majesty's forces'

In sections 57A and 57B 'member of Her Majesty's forces' includes any officer
or member of the Royal Hong Kong Regiment as constituted under the Royal Hong
Kong Regiment Ordinance (Cap. 199) or of the Royal Hong Kong Auxiliary Air Force
as constituted under the Royal Hong Kong Auxiliary Air Force Ordinance (Cap.
198).

(Added42 of 1979 s. 6)

58. Powers of Her Majesty's naval officers

(1) For the purposes of this Ordinance, the officer in command of any of Her
Majesty's ships of war or auxiliary ships and any person under his command may
board and search any ship, not being a ship of war, which is proceeding through the
waters of HongKong. (Amended42of1979s.7)

(2) Where the officer in command of one of Her Majesty's ships of war or
auxiliary ships has reason to suspect that any ship is being or has been used in





the commission of an offence under section 38(1) or, while it is in force, Part VIIA or
Part VIIB or that any person on board such a ship is seeking to land in contravention
of section 38(1)(a), or that a ship is being or has been used in landing any person in
Hong Kong unlawfully, such officer and any person under his command may-
(Amended 42 of 1979 s. 7; 61 of 1979 s. 6; 75 of 1981s.11)

(a)seize the ship and detain it until it can be delivered to an immigration
officer or police officer;

(aa) tow or otherwise move the ship; and (Added61of1979s.6)

(b)detain any person found on the ship until he can be delivered into
the custody of an immigration officer or police officer.

(3) Any such officer and any person under his command may

(a)stop and forcibly board any ship which he is empowered to board
and search;

(b)remove by force any person or thing obstructing any boarding,
search, seizure or detention which he is empowered to make;

(c)detain any person found on any ship which he is empowered to
search until it has been searched.

58A. Powers of persons in charge of authorized vessels

(1) For the purposes of this Ordinance, the captain or person in charge of any
vessel, or any vessel belonging to a class or description of vessels authorized by the
Governor for the purposes of this section, and any person under the command of
such captain or person may exercise respectively the powers conferred by section 58
on an officer in command of any of Her Majesty's ships of war and on any person
under the command of such officer.

(2) Without prejudice to section 51, the Governor may give directions to any
person with respect to the exercise of any powers under this section, either generally
or in any particular case.

(3) A person shall, in the exercise of any powers under this section, comply
with any directions given by the Governor under subsection (2).

(Added 61 of 1979 s. 7)

59. Power to make regulations

The Governor in Council may make regulations for all or any of the following
purposes

(a)providing for any matter or thing which is to be or may be prescribed
under this Ordinance;

(b)the issue, in such form as the Director of Immigration may determine,
of any document for the purposes of this Ordinance; (Replaced 21 of
1987s. 3)





(c)the fees payable in respect of the issue or renewal of documents
issued by or on behalf of the Director of Immigration or in respect of
visas or any other matters arising under this Ordinance;

(d)generally for the better carrying out of the purposes of this
Ordinance.

59A. Amendment of Schedule 1

The Legislative Council may by resolution amend Schedule 1.

(Added 79 of 1982
s. 10)

60. Designation of approved immigration anchorages

and approved landing places

The Secretary for Security may by order designate the places which shall be
approved immigration anchorages and approved landing places for the purposes of
this Ordinance.

(Amended 15 of 1980
s. 9)

61. Travel document to bear visa

(1) Subject to subsection (2) and without prejudice to any other provision of
this Ordinance, a travel document shall not be valid for the purposes of this
Ordinance unless it bears a visa which was issued by or on behalf of the Director of
Immigration and is in force on the date on which the person to whom the travel
document relates arrives in Hong Kong.

(2) The Director of Immigration may exempt from subsection (1) any person or
any class or description of person.

62. Presumptions

(1) For any of the purposes of this Ordinance, if a person who by virtue of
section 7 may not land or remain in Hong Kong without the permission of an
immigration officer or immigration assistant does not produce an identity card
relating to himself when required to do so by an immigration officer, immigration
assistant or police officer, such person shall be deemed, until the contrary is proved,
to have landed in Hong Kong unlawfully. (Amended 79 of 1982s.10)

(2) For any of the purposes of this Ordinance, if a person who by virtue of
section 7 may not land in Hong Kong without the permission of an immigration
officer or immigration assistant is on board a ship proceeding through the waters of
Hong Kong, such person shall be deemed to be seeking to land in contravention of
section 38(1)(a) unless it is proved that





(a) he was a member of the crew of the ship;

(b) he was ordinarily resident in Hong Kong;

(c)he was in possession of a travel document, entry permit or reentry
permit; or

(d) the ship was leaving Hong Kong.

(Amended 15 of 1980 s. 10)

63. Evidence of certain acts under Ordinance

(1) Any document purporting to be-

(a)a removal order signed by the Governor or by the Director of
Immigration or Deputy Director of Immigration, or a deportation order
signed by the Clerk of Councils; or (Replaced 62 of 1980 s. 10)

(b)a copy of a removal order or a deportation order certified by the Chief
Secretary or the Clerk of Councils to be a true copy of the removal
order or deportation order,

shall be admitted in evidence in any proceedings on its production without further
proof, and until the contrary is proved it shall be presumed that the removal order or
deportation order was made against the person named and on the date specified
therein.

(2) A certificate purporting to be made for the purposes of this subsection and
to set out

(a)a requirement made in writing under section 5(1), (3) or (7), 6(3) or
15(1);

(b) directions given in writing under section 5(8) or 24(1); or

(c)any exemption granted under section 5(9), 11(9) or 14(2) to any class
or description of persons,

and purporting to be signed by the Director of Immigration shall be admitted in
evidence in any proceedings on its production without further proof, and

(i) until the contrary is proved, it shall be presumed that the certificate
was signed by the Director of Immigration and that the requirement
was made or the directions given to the person named and on the
date specified in the certificate or that the exemption was granted
and was in force on the date so specified, as the case may be; and

(ii) the certificate shall be prima facie evidence of the requirement,
directions or exemption.

(3) A certificate purporting to be made for the purposes of this subsection and
to set out directions given in writing under section 25(2) and purporting to be signed
by the Director of Immigration shall be admitted in evidence in any proceedings on
its production without further proof, and





(a)until the contrary is proved, it shall be presumed that the certificate
was signed by the Director of Immigration and that the directions
were given to the person named and on the date specified in the
certificate; and

(b) the certificate shall be prima facie evidence of the directions.

63A. Evidence by certificate

Where in any proceedings a person is charged with an offence under section
38(4) or 39 or with aiding, abetting, counselling or procuring, or with conspiracy to
aid, abet, counsel or procure, the commission by another of an offence under section
38(1), a certificate purporting to be signed by the Director and certifying that that or
any other person- (Amended61of1979s.8)

(aa) does not enjoy the right of abode in Hong Kong; (Added 31 of
1987s.25)

(a) has not the right to land in Hong Kong under section 8(1);

(b)is not a person who, by virtue of section 9(1) or 10(1), may land in
Hong Kong without the permission of an immigration officer or
immigration assistant; and (Amended 15 of 1980 s. 10)

(c)has not been given permission to land in Hong Kong under
section 11,
shall be admitted in evidence on its production without further proof and-

(i) until the contrary is proved it shall be presumed that the certificate
was signed by the Director; and

(ii) the certificate shall be prima facie evidence of the facts contained
therein.

(Added 47 of 1977s. 2)

63B. Admissibility of copies of records

A document purporting to be a copy of the records or part of the records kept
by the Director and purporting to be certified as a true copy thereof by the officer
having custody of the records shall be admissible in evidence in criminal or civil
proceedings before any court on its production without further proof and

(a)until the contrary is proved, the court before which such document is
produced shall presume

(i) that the document is certified by such officer; and

(ii) that the document is a true copy of the records or part of the
records to which it refers; and

(b)such document shall be prima facie evidence of all matters contained
therein.

(Added 61 of 1986 s. 4)





64. Burden of proving certain matters

if

(a)in any proceedings for an offence under this Ordinance or in any
other proceedings under this Ordinance; or

(b)in any proceedings with reference to any act done or proposed to be
done under this Ordinance,

a person claims that he-

(i) is a Hong Kong permanent resident; (Amended 31 of 1987 s. 26)

(ii) is not an alien;

(iii)-(v) (Repealed 78 of 1982 s. 11)

(v) (Repealed 31 of 1987s. 26)

(va) is a British citizen; (Added 78 of 1982s. 11)

(vb) is a United Kingdom belonger; (Added 78 of 1982 s. 11. Amended 31
of 1987s. 26)

(vc) is a resident British citizen; (Added 78 of 1982 s. 11)

(vd) is a resident United Kingdom belonger; (Added 78 of 1982 s.]].
Amended31 of 1987s. 26)

(ve) is a British Dependent Territories citizen; (Added 78 of 1982 s.11)

(vf) (Repealed 31 of 198 7 s. 26)

(vi) has been ordinarily resident in Hong Kong for 3 years or more than 3
years;

(vii) is exempt from any provision of this Ordinance or belongs to a class or
description of persons who are exempt from any provision of this
Ordinance;

(viii) is an alien to whom section 14(1) or 16(1) does not apply;

(ix) is a person to whom section 38(1)(a) does not apply by virtue of an
order under subsection (3) of that section,

the onus of proving the same shall lie on that person.

65. Recovery of moneys due under recognizance

Any sum of money due under a recognizance entered into in accordance with a
requirement under section 11(8) or 36(1) or (3) shall be recovered in the District
Court as a debt due to the Crown, notwithstanding that the amount is in excess of
520,000.

(Amended 52 of 1976 s. 6)

66. Transitional provisions

Schedule 2 shall have effect for the purposes of transition to the provisions of
this Ordinance from the provisions of the following Ordinances repealed by

this Ordinance, namely- (Amended 78 of 1982 s. 12)





(a)Deportation (British Subjects) Ordinance (Cap. 239, Revised Edition
1964);

(b) Deportation of Aliens Ordinance (Cap. 240, Revised Edition
1964); and

(c)Immigration (Control and Offences) Ordinance (Cap. 243, Revised
Edition 1964).

(Added 64 of 1981 s. 2)

SCHEDULE 1 [ss.
2(1)

HONG KONG PERMANENT
RESIDENTS

1. Any person who is wholly or partly of Chinese race and has at any time been ordinarily
resident in Hong Kong for a continuous period of not less than 7 years.

2. Any person who is a British Dependent Territories citizen and who

(a)belongs to a class or description of persons specified in Article 2 of the Hong Kong
(British Nationality) Order 1986 (L.N. 233 of 1986) as having a connection with
Hong Kong; or

(b)is such a citizen by virtue of his having a connection with any of the British
Dependent Territories (other than Hong Kong) mentioned in Schedule 6 to the
British Nationality Act 1981 (1981 c. 61 U.K.) and has at any time been married
to a person specified in subparagraph (a).

*3. Any person who is a Commonwealth citizen and who immediately before 1 January 1983 had
the right to land in Hong Kong by virtue of section 8(1)(a) as then in force.

(Schedule] added 78 of 1982 s. 14. Replaced 31 of 1987s.
27)

SCHEDULE 2 [s. 661

TRANSITIONAL
PROVISIONS

1. In this Schedule 'commencement date' means 1 April 1972; 'Deportation (British Subjects)
Ordinance', 'Deportation of Aliens Ordinance', and 'Immigration (Control and Offences)
Ordinance' mean respectively(a) the repealed Deportation (British Subjects) Ordinance; (b) the
repealed Deportation of Aliens Ordinance; and (c) the repealed Immigration (Control and
Offences) Ordinance.

Note: For ease of reference, the repealed section 8(1)(a) is reproduced in the
Appendix.





'Immigrants Control Ordinance' means the Immigrants Control Ordinance (Cap. 243, Revised
Edition 1950) repealed by the repealed Immigration (Control and Offences) Ordinance;

'Police Supervision Ordinance' means the Police Supervision Ordinance (Cap. 224, Revised
Edition 1972) repealed by the Police Supervision (Repeal) Ordinance 1983 (55 of 1983);
(Added55 of 1983 s. 3)

'repealed', except in relation to the Immigrants Control Ordinance and the Police Supervision
Ordinance, means repealed by this Ordinance. (Replaced 55 of 1983 s. 3)

2. Section 4(1)(a)

Section 4(1)(a) shall have effect as if it included a reference to a person who arrived in Hong
Kong before the commencement date, being a person who immediately before the
commencement date was being examined or further examined under section 11 of the
Immigration (Control and Offences) Ordinance or was about to be so examined or further
examined; and the provisions of this Ordinance shall apply to any such person accordingly.

3. Section 5(4)(a) (5)(a)

The references in section 5(4)(a) and 5(5)(a) to an entry permit and a re-entry permit
include references to an entry permit and a re-entry permit issued under the Immigration
(Control and Offences) Ordinance.

4. Section 9(1)(b)

Section 9(1)(b) shall have effect as if the references to a person having been refused
permission to land in Hong Kong and having been given permission to land in Hong Kong
included references to having been refused permission to enter Hong Kong under the Immigration
(Control and Offences) Ordinance or the repealed Immigrants Control Ordinance and to having
been given permission to enter Hong Kong under either of those Ordinances.

5. Section 10(2)

Section 10(2) shall have effect as if it included a reference to a serviceman who ceased to be
such before the commencement date, being a serviceman who had not made an application under
section 38 of the Immigration (Control and Offences) Ordinance before that date or whose
application had not been determined under the said Ordinance before that date.

6. Section 11(2)

Any conditions imposed in respect of a person who entered Hong Kong before the
commencement date under section 15 of the Immigration (Control and Offences) Ordinance and
in force immediately before that date (whether the same were imposed at the time of entry or
subsequent thereto) shall, subject to section 8(2), continue in force and have effect as if they
were conditions of stay imposed under section 11(2) of this Ordinance; and the provisions of this
Ordinance shall apply accordingly.

7. Section 14(1)

Section 14(1) shall have effect as if it included a reference to an alien who is in Hong Kong
on the commencement date, being an alien who had become liable before that date to comply
with section 25(1) of the Immigration (Control and Offences) Ordinance but had not complied
therewith.





8. Section 16

Section 16 shall have effect as if the references to particulars furnished in an arrival card and
to particulars furnished in the prescribed form pursuant to section 14(1) include respectively
references to corresponding particulars furnished to the Director or to the former immigration
officer or to the former Registrar of Aliens in accordance with the Immigration (Control and
Offences) Ordinance or the repealed Immigrants Control Ordinance or a requirement made under
either of those Ordinances.

9. Sections 18, 24 32(1)

Sections 18, 24 and 32(1) shall apply to a person, not being a person who has the right to
land in Hong Kong by virtue of section 8(1), who before the commencement date has been
refused permission to enter Hong Kong under the Immigration (Control and Offences) Ordinance
as they apply to a person who is refused permission to land under this Ordinance.

10. section 18(1)(b)

Section 18(1)(b) shall have effect, except in the case of a person who has the right to land
in Hong Kong by virtue of section 8(1), as if it included a reference to a condition imposed under
section 15 of the Immigration (Control and Offences) Ordinance and in force immediately before
the commencement date, being a condition making the same requirement as the condition of stay
referred to in the said section 18(1)(b); and the provisions of this Ordinance shall apply
accordingly.

11. section 19(1)(b)(ii)

Section 19(1)(b)(ii) shall have effect as if it included a reference to a person who has
contravened section 3(1)(a)(ii) or (b) of the Immigration (Control and Offences) Ordinance or
any condition imposed under section 15 of the said Ordinance and in force immediately before
the commencement date (whether such condition was imposed at the time of entry or subsequent
thereto), but in whose case an order has not been made under section 43(4) of the said Ordinance;
and the provisions of this Ordinance shall apply accordingly.

12. Section 19

Any order made in respect of a person under section 43(4) of the Immigration (Control and
Offences) Ordinance, not being a person who has the right to land in Hong Kong by virtue of
section 8(1), shall, if in force immediately before the commencement date, continue in force and
have effect for all purposes of this Ordinance as if it were a removal order made in respect of that
person under section 19 of this Ordinance.

13. Section 20(1)

Any deportation order made against a person under the Deportation (British Subjects)
Ordinance or the Deportation of Aliens Ordinance and in force immediately before the
commencement date shall continue in force and have effect for all purposes of this Ordinance as
if it were a deportation order made under section 20(1) of this Ordinance.

14. Sections 19(4) 20(7)

Sections 19(4) and 20(7) shall have effect as if

(a)the reference to permission to land in Hong Kong included a reference to
permission to enter Hong Kong given under the Immigration (Control and
Offences) Ordinance;

(b)the reference to authority to remain in Hong Kong included a reference to a permit
of the Director granted under the Immigration (Control and Offences) Ordinance.





15. Sections 24(2), 25(3) 33

A person, not being a person who has the right to land in Hong Kong by virtue of section
8(1), who immediately before the commencement date was on board a ship or aircraft, having
been placed thereon with a view to his removal from Hong Kong in accordance with the
Immigration (Control and Offences) Ordinance, the Deportation (British Subjects) Ordinance or
the Deportation of Aliens Ordinance or any order or requirement made or issued thereunder, shall
be deemed to have been placed thereon under section 24(2) or section 25(3), as the case may be,
and it shall be presumed that an immigration officer, immigration assistant or police officer has
made a requirement under section 33 of this Ordinance; and the provisions of this Ordinance
shall apply accordingly.

16. Section 26

Any person detained immediately before the commencement date under section 13(1)(a) of
the Immigration (Control and Offences) Ordinance may, if any member of the Immigration
Service of or above the rank of chief immigration officer or a police officer of or above the rank
of assistant commissioner of police is satisfied as to the matters referred to in section 26(a), be
detained on the authority of such member or police officer for a total period of seven days,
taking account of the period for which such person had been detained before the commencement
of this Ordinance.

17. Section 29(2)

A person detained immediately before the commencement date

(a)following his arrest on a warrant issued under section 5(3) of the Deportation
(British Subjects) Ordinance; or

(b)in accordance with the direction of a judge, court or magistrate given under section
7 of that Ordinance,

may continue to be detained as if a detention warrant had been issued in respect of him on the
commencement date under section 29(2); and the provisions of this Ordinance shall apply
accordingly.

18. Section 29(2)

A person detained immediately before the commencement date under the authority of a
warrant issued under section 4 or 5 of the Deportation of Aliens Ordinance may continue to be
detained as if a detention warrant had been issued in respect of him on the commencement date
under section 29(2); and the provisions of this Ordinance shall apply accordingly.

19. Section 32(3) (M)

A person detained immediately before the commencement date under section 9(2) of the
Deportation (British Subjects) Ordinance or section 8(2) of the Deportation of Aliens Ordinance
may continue to be detained as if his detention had been authorized by the Secretary for Security
under section 32(3) or by the Director of Immigration or Deputy Director of Immigration under
section 32(3A) of this Ordinance, whichever is appropriate in the particular case.

20. Section 32(3) (M)

A person detained immediately before the commencement date under section 43(4) of the
Immigration (Control and Offences) Ordinance may, unless he is a person who has the right to
land in Hong Kong by virtue of section 8(1), continue to be detained as if his detention had been
authorized by the Secretary for Security under section 32(3) or by the Director of Immigration
or Deputy Director of Immigration under section 32(3A) of this Ordinance, whichever is
appropriate in the particular case.





21. Section 33

Section 33 shall apply to a person, not being a person who has the right to land in Hong
Kong by virtue of section 8(1), who before the commencement date has been refused permission
to enter Hong Kong under the Immigration (Control and Offences) Ordinance as it applies to a
person who has been refused permission to land in Hong Kong under this Ordinance; and it shall
be presumed that an immigration officer, immigration assistant or police officer has made a
requirement under the said section 33.

22. Section 38(1)(b)

The reference in section 38(1)(b) to the authority of the Director includes a reference to a
permit of the Director granted under the Immigration (Control and Offences) Ordinance.

23. Section 42(2)(a)

The reference in section 42(2)(a) to a travel document, entry permit, re-entry permit,
certificate of identity, document of identity or Vietnamese refugee card or other document issued,
kept or made under or for the purposes of Part II, III or IV of this Ordinance includes a reference
to a travel document, entry permit, re-entry permit or other document issued, kept or made
under or for the purposes of the Immigration (Control and Offences) Ordinance.

24. Section 42(2)(b) (c)(i)

The references in section 42(2)(b) to a travel document, entry permit, re-entry permit,
certificate of identity, document of identity, Vietnamese refugee card or other document and the
references in section 42(2)(c)(i) to a travel document, entry permit, re-entry permit, certificate
of identity, document of identity or Vietnamese refugee card include references to a travel
document, entry permit or re-entry permit issued under the Immigration (Control and Offences)
Ordinance.

25. Section 47(1) (2)

Section 47(1) and (2) shall have effect as if they included, respectively, a reference to a ship
not exceeding two hundred and fifty gross tons, and a vehicle, which has been used in the
contravention or attempted contravention of any of the provisions of the Immigration (Control
and Offences) Ordinance (whether or not any person has been convicted of such contravention
or attempted contravention), being a ship or vehicle in respect of which notice of seizure has not
been served before the commencement date under section 46(2) of the said Ordinance; and the
provisions of this Ordinance shall apply accordingly.

26. Section 55(2)

Any condition imposed under section 17(3) of the Deportation of Aliens Ordinance and in
force immediately before the commencement date shall, if it has not been complied with, be
deemed to be a requirement under section 55(2) of this Ordinance; and any recognizance entered
into in accordance with an order under the said section 17(3) and in force immediately before the
commencement date shall be deemed to be a recognizance entered into in accordance with a
requirement under section 55(2) of this Ordinance and shall continue in force for the remainder
of the period for which it would have continued in force in accordance with the order under the
said section 17(3).

27. Section 56(1)(e) (1A)(b)

References in section 56(1)(e) and (1A)(b) to an offence under this Ordinance include
references to an offence under the Immigration (Control and Offences) Ordinance.





28. Police Supervision Ordinance-s. 3(1) (2)

Any police supervision order made under section 3(1) or (2) of the repealed Police
Supervision Ordinance (Cap. 224, Revised Edition 1972) and in force immediately before the
commencement of this Ordinance shall continue in force and have effect for all purposes of the
Police Supervision Ordinance as if it were made under section 3(1) or (2) of that Ordinance as
amended.

(Schedule 2 added 64 of 1981 s. 2. Amended 78 of 1982 s. 13; 55 of 1983
s. 3)

APPENDIX

Immediately before 1 January 1983 section 8(1)(a) read as follows-

'8. Right to land in Hong Kong and to remain free of conditions
of stay

(1) The following persons shall have the right to land in Hong Kong that is to say-

(a) Hong Kong belongers*;'.

'Hong Kong belonger' in section 2(1) (Interpretation) was defined as follows-
'Hong Kong belonger' means a person who-
(a) immediately before 1 January 1983 was-

(i) a British subject who was born in Hong Kong;

(ii) a British subject by naturalization in Hong Kong;

(iii) a British subject by registration in Hong Kong under section 7(2) of
the British Nationality Act 1948;

(iv) a British subject married or who had been married to, or was a child
of, a person mentioned in sub-paragraph (i), (ii) or (iii);'.

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