REGISTRATION OF PERSONS REGULATIONS

REGISTRATION OF PERSONS REGULATIONS

REGISTRATION OF PERSONS REGULATIONS

ARRANGEMENT OF REGULATIONS

Regulation Page

1. Citation .............................A 3
2. Interpretation .......................A 3
3. Duty to register and apply for an identity card A 4
3A. Permanent identity cards for purpose of international travel A 4
3B. New identity cards ..................A 4
3C. Perforated identity cards ...........A 5
3D. Holder of permanent identity card not enjoying right of abode in Hong
Kong ....................................A 5
3E. Amendment of Schedule 3 .............A 6
4. Registration, issue and renewal requirements A 6
5. Delivery of identity cards ...........A 8
6. Renewal of young person's identity card A 9
7. Invalidity of young person's identity card A10

7A. Renewal of permanent identity card issued abroad on return to Hong Kong A10

7B. Invalidity of permanent identity card issued abroad A 11
8. Duty to keep and maintain records ....All
9. Power to call for further information A 12
10. Responsibility for custody of identity card A 12
11. Duty to carry and produce identity card A 12
12. Prohibition against making alteration to identity card A 13
13. Duty to notify loss, etc., of identity card A 13
13A. Furnishing false particulars of loss etc. of identity card A 14
13B. Lost, destroyed, damaged or defaced identity card ceasing to be valid A 14
14. Replacement of identity card ........A 15
14A. (Repealed) .........................A 15
15. Duty of finder of identity card .....A 15
16. Duty to return identity card for cancellation A 16
17. (Repealed) ..........................A 16
is. Duty to report corrections ..........A 16
19. Offences ............................A 17
20. Surrender and destruction of identity card A 18
21. Burden of proof .....................A 19
22. Permanent identity card to be evidence of right of abode in Hong Kong A 19
23. Power to certify and furnish certified copies A 19
24. Duty not to disclose photographs, fingerprints and particulars A 19





Regulation Page

25. Exemptions ...........................A 20
25A. Exclusion of certain persons from the Ordinance A 21
26. Fees .................................A 21
26A. Practice and procedure on appeals to the Tribunal A 21
27. Savings and transitional .............A22
Schedule 1. Content of Forms of Identity Card A 22
Schedule 2. Fees .........................A 23
Schedule 3. New Identity Card Issue Offices A 23
Schedule 4. Appeals to Registration of Persons Tribunal A 24





REGISTRATION OF PERSONS REGULATIONS
(Cap. 177, section 7)
[1 June 1960]

G.N.A. 41 of 1960 G.N.A. 55 of 1961, G.N.A. 95 of 1961, L.N. 68 of 1968,5 of 1971,55 of 1971,
L.N. 158 of 1973, L.N. 187 of 1974, L.N. 176 of 1979, L.N. 204 of 1979, L.N. 33 of 1980,
L.N. 301 of 1980, L.N. 298 of 1981, L.N. 86 of 1983, L.N. 218 of 1983, L.N. 65 of 1986,
L.N. 142 of 1986, L.N. 178 of 1987, R. Ed 1987, L.N. 273 of 1988, L.N. 382 of 1989.

1. Citation

These regulations may be cited as the Registration of Persons Regulations.

2. Interpretation

(1) In these regulations, unless the context otherwise requires-

'consul' means a consul de carriere or a trade commissioner or other commissioner
or special representative officially appointed as such by the United Kingdom or
other member of the Commonwealth or by the government of the appropriate
foreign power, who is not engaged in private occupation for gain in Hong Kong
and who at the time of his appointment was not ordinarily resident in Hong
Kong; (L.N. 158 of 1973)

'consular staff ' means those members of the staff of a consul who have been
appointed to their positions by the government of the appropriate foreign
power, who are not engaged in private occupation for gain in Hong Kong and
who at the time of their appointment were not ordinarily resident in Hong
Kong; (L.N. 158 of 1973)

'excluded person' means a person referred to in regulation 25A; (L.N. 178 of 1987)

'exempt person' means a person referred to in regulation 25; (L.N. 178 of 1987)

'registration office' means an office established or set up under section 2(3) of the
Ordinance;

'replacement identity card' means a replacement identity card issued under
regulation 13 or 14 in the place of an identity card; (L.N. 178 of 1987)

'travel document' has the meaning assigned to it by section 2(1) of the Immigration
Ordinance(Cap. 115). (L.N.204 of 1979)

(2) Save where the contrary expressly appears, any order or direction required
to be made or given by these regulations may be given in writing or

verbally.





3. Duty to register and apply for an identity card

(1) Every person who is not an exempt person or an excluded person, or is not
the holder of a permanent identity card that was issued on an application from
outside Hong Kong and who is required by section 3(2) of the Ordinance to apply to
be registered, must report to a registration officer, apply to be registered and apply
for an identity card- (L.N. 382 of 1989)

(a) within 30 days of his entering Hong Kong; or

(b)if he is already in Hong Kong when he becomes required by the
Ordinance or these regulations to be registered, within 30 days of the
date when he is so required,

whichever is the sooner.

(2) If a registration officer is satisfied, on an application under subregulation (1)
by any person, that that person enjoys the right of abode in Hong Kong the
registration officer shall, in accordance with these regulations, issue to the applicant
a permanent identity card.

(L.N. 178 of 1987)

3A. Permanent identity cards for purpose

of international travel

(1) Subject to subregulation (2), every person who is not an exempt person or
an excluded person, and who wishes to apply under section 3A of the Ordinance for
a permanent identity card shall apply in person to a registration officer at one of the
new identity card issue offices specified in Schedule 3 for such permanent identity
card.

(2) Where a person referred to in subregulation (1) lives outside Hong Kong
and is unable to apply in person to a registration officer at one of the new identity
card issue offices specified in Schedule 3 the applicant shall instead submit to all
such steps and furnish such forms and evidence as the Commissioner may specify.

(3) If the registration officer is satisfied, on an application under subregulation
(1) or (2) by any person, that that person, whether he lives in Hong Kong or
elsewhere

(a) enjoys the right of abode in Hong Kong; and

(b)is also applying for a British National (Overseas) passport or a
certificate of identity,

the registration officer shall, in accordance with these regulations, issue to the
applicant a permanent identity card.

(L.N. 178 of 1987)

3B. New identity cards

(1) Subject to subregulations (2) and (3), every person who is not an exempt
person or an excluded person, and who is required by section 7B(1) of





the Ordinance to apply for an identity card shall apply in person to a registration
officer at one of the new identity card issue offices specified in Schedule 3 for such
identity card.

(2) Without prejudice to subregulation (1) the Commissioner may, in such
special circumstances as he may determine, make arrangements for applications for
identity cards to be received, and for such identity cards to be collected, at mobile or
temporary offices as he may specify.

(3) Any person who is issued by a registration officer with a document
acknowledging that that person has applied for an identity card under subregulation
(1) shall be deemed to have complied with that subregulation.

(4) If a registration officer is satisfied, on an application under subregulation (1)
by any person, that that person enjoys the right of abode in Hong Kong the
registration officer shall, in accordance with these regulations, issue to the applicant
a permanent identity card.

(L.N. 178 of 1987)

3C. Perforated identity cards

(1) At the time of applying for an identity card under regulation 3A or 3B the
applicant shall present his existing identity card (if any) for it to be converted into a
perforated identity card.

(2) The registration officer may perforate, with an expiry date, an existing
identity card presented under subregulation (1).

(3) A perforated identity card shall expire on the date shown by the perforation
made under subregulation (2) and shall thereupon cease to be valid.

(4) It shall be lawful for a registration officer to destroy any perforated identity
card which has ceased to be valid under subregulation (3) and surrendered to him
by any person under any of these regulations.

(L.N. 178 of 1987)

3D. Holder of permanent identity card not enjoying

right of abode in Hong Kong

(1) Where a registration officer is satisfied that a person to whom a permanent
identity card has been issued no longer has, or never had, the right of abode in
Hong Kong, he may by such means as he may determine declare the card to be
invalid, order it to be surrendered to a registration officer and order the person to
whom the card was issued, unless he is an exempt person or an excluded person or
lives outside Hong Kong, to apply for an identity card other than a permanent
identity card at such place, in such manner, and within such period, as he may
require.

(2) It shall be lawful for a registration officer to destroy any permanent identity
card surrendered to him under subregulation (1).

(L.N. 178 of 1987)





3E. Amendment of Schedule 3

The Commissioner may, by order published in the Gazette, amend Schedule3.

(L.N. 178 of 1987)

4. Registration, issue and renewal requirements

(1) Subject to subregulation (ID), every person who applies for registration
under regulation 3 or for an identity card under any of these regulations shall

(a) submit to all such steps as may be reasonably necessary for

(i) the taking of photographs of himself in accordance with any
directions given by a registration officer;

(ii) the taking and recording of his left thumb-print or alternatively, if
that is not possible, of such other single fingerprint;

(b) furnish to a registration officer, in such form as the registration

officer may require, particulars of- (L.N. 382.of 1989)

(i) the full personal name and surname of the applicant;

(ii) his residential and business addresses in Hong Kong, if any, and
the address to which correspondence should be directed;

(iii) the nationality which he claims;

(iv) his place of birth;

(v)the date (if known) or the year of his birth and the number of his
birth certificate or adoption certificate (if applicable);

(vi) his sex;

(vii) in the case of a person entering Hong Kong, every country in
which he has resided continuously for a period of 6 months or
more, prior to his entering Hong Kong;

(viii)whether he is married or unmarried and, if he is married, the full
personal name and surname and the number of the identity card
(if any) of his spouse;

(ix) the full personal names and surnames, ages and sex of his
children (if any);

(x) his profession, occupation, trade or employment;

(xi) any travel document, or document issued under the Immigration
Ordinance (Cap. 115) authorizing him to remain in Hong Kong,
held by him;

(xii) such further particulars relating to any of the particulars
furnished under this paragraph as the registration officer may
consider necessary,

and shall acknowledge the correctness of the contents of the

particulars by signing in such place in the form as may be

indicated. (L.N. 204 of 1979; L.N. 86 of 1983; L.N. 65 of 1986,

L.N. 178 of 1987)











(IA) For the purposes of subregulation (1)(b), but subject to subregulations
(IB) and (1C), the full personal name and surname of an applicant shall be his full
personal name and surname entered- (L.N. 86 of 1983)

(a)on his birth certificate or adoption certificate (if applicable), in the
case of an applicant born in Hong Kong;

(b)on his travel document, in the case of an applicant who has landed in
Hong Kong lawfully within the meaning of the Immigration Ordinance
(Cap. 115);

(c)on the document issued under the Immigration Ordinance (Cap. 115)
authorizing him to remain in Hong Kong, in the case of an applicant
who has landed in Hong Kong unlawfully within the meaning of the
Immigration Ordinance (Cap. 115);

(d) on his identity card (if any) held by him; and

(e)on his certificate of naturalization, in the case of a person who has
been naturalized in Hong Kong,

except that the Commissioner may, if he is satisfied that the applicant is commonly
known by another name, accept that name in respect of the applicant. (L.N. 204 of
1979; L.N. 178 of 1987)
(IB) (a)When applying for an identity card under any of these regulations-
(L.N. 178 of 1987)

(i)a married woman who was registered under her maiden name
may, subject to production to the registration officer of her
marriage certificate, apply in writing for her identity card to be
issued or renewed in her married name; and

(ii)a divorced woman, or a woman whose marriage has been
declared null and void, who was registered under her married
name may, subject to production to the registration officer of a
copy of the decree absolute or the decree of nullity, as the case
may be, apply in writing for her identity card to be issued or
renewed in her maiden name.

(b)The registration officer may grant or refuse an application made
under paragraph (a) as he thinks fit.

(c)In this subregulation the expressions 'null and void', 'decree
absolute' and 'decree of nullity' have the same meaning as in the
Matrimonial Causes Ordinance (Cap. 179). (L.N. 86 of 1983)

(1C) Notwithstanding that an applicant has furnished particulars of his personal
name and surname under this regulation, any identity card that is issued to him may

(a)where the applicant has satisfied the Commissioner under
subregulation (IA) that he is commonly known by another name, bear
that name;

(b) bear initials in place of his personal name; and





(e)where the personal name and surname are in Chinese, bear their first 6
characters only. (L.N. 178 of 1987)

(1 D) A registration officer may waive

(a)subject to regulation 3A(2), in the case of an applicant who the
registration officer is satisfied lives outside Hong Kong, all or any of
the requirements of subregulation (1);

(b)in the case of a person under 11 years of age applying for a permanent
identity card, the requirement for the applicant to submit to the steps
specified in subregulation (1)(a);

(c)the requirement for an applicant to furnish all or any of the particulars
specified in subregulation (1)(b), if the registration officer considers
that he already has in his possession sufficient details of those
particulars. (L.N. 178 of 1987)

(2) If an applicant is unable to write, or if he so wishes, he shall dictate the
particulars under subregulation (1)(b) to a registration officer or to any person
authorized in writing by the Commissioner for the purpose, and, upon completion,
the applicant shall acknowledge the correctness of the particulars by affixing his
signature, fingerprint or mark in the presence of the registration officer or the person
authorized as aforesaid in such place in the form as may be indicated. (L.N. 178 of
1987)

(3) (Repealed L.N. 178 of 1987)

(4) Notwithstanding subregulations (1) and (2), an applicant who is a consul
may furnish, and the registration officer may accept, suitable passport size
photographs of the consul, the spouse and dependent children of the age of 11
years and above of the consul and of the consular staff of the consul, their spouses
and their dependent children of the age of 11 years and above, and the recording of
their left thumb-prints or other single fingerprints shall not be required. (L.N. 33 of
1980; L.N. 178 of 1987)

(L.N. 158 of 1973)

5. Delivery of identity cards

(1) Subject to subregulation (IA), after due compliance by any applicant with
the provisions of regulation 4 and the payment by him to the registration officer of
the appropriate fee (if any) prescribed in Schedule 2, the registration officer shall
cause to be prepared for collection by such applicant an identity

card- (G.N.A. 55 of 1961; L.N. 158 of 1973; L.N. 204 of 1979; L.N. 86 of
1983)
(a)in a form approved by the Governor in Council containing such
of the information specified in Schedule 1 as is appropriate to an
identity card of the type for which the applicant is eligible; or
(b)in a form approved by the Governor in respect of consuls,
consular staff and their spouses and dependent children.





(IA) The registration officer shall not cause an identity card to be prepared in
the case of an applicant who

(a)has landed in Hong Kong unlawfully within the meaning of the
Immigration Ordinance (Cap. 115), unless the applicant is in
possession of a document issued under that Ordinance authorizing
him to remain in Hong Kong; or

(b)is in Hong Kong in breach of a limit of stay imposed upon the
applicant under that Ordinance. (L.N. 298 of 1981)

(IB) An identity card prepared under subregulation (1)

(a)shall be collected by the applicant within 120 days after the date of the
application or such other period as the registration officer may specify
by notice in writing served upon the applicant; or

(b)may, in the discretion of the registration officer, after the expiry of the
period provided for its collection under paragraph (a), be sent by post
to the applicant.

(1C) At the time of collection of an identity card prepared under subregulation
(1) the applicant shall surrender his perforated identity card (if any) to the
registration officer and if he fails to do so the registration officer may refuse to
deliver the identity card prepared under subregulation (1).

(2) Without prejudice to subregulation (1B)(b), if any identity card is not
collected by the person to whom it refers from the office of the Commissioner or from
such other place as the registration officer may specify by notice in writing served
upon such person, within 30 days after the expiration of the period of 120 days
referred to in subregulation (1B)(a) or such other period as the registration officer
may have specified by notice in writing served upon such person, such identity card
may be destroyed and such person shall be deemed not to have applied for
registration under regulation 3 or for the issue of an identity card under any of these
regulations. (G.N.A. 55 of 1961; L.N. 187 of 1974; L.N. 204 of 1979; L.N. 86 of 1983)

(3) (Repealed L.N. 178 of1987)

(4) Notwithstanding that an applicant has committed an offence under these
regulations or under an order by the Secretary for Security under the Ordinance by
failing to apply for an identity card within the time prescribed, without prejudice to
any prosecution for such an offence, the registration officer may, if he thinks fit,
prepare an identity card for collection by such applicant. (L.N. 86 of 1983)

(L.N. 178 of 1987)

6. Renewal of young person's identity card

(1) Every person who is under 11 years of age and is the holder of a permanent
identity card shall

(a) within 30 days of his 11 th birthday; or





(b) if he is outside Hong Kong on that birthday, within 30 days of
his return to Hong Kong,
report to a registration officer, surrender that card and apply for an identity
card in place of that card.
(2) Every person who is under 18 years of age and is the holder of an
identity card shall-
(a) within 30 days of his 18th birthday; or
(b) if he is outside Hong Kong on that birthday, within 30 days of
his return to Hong Kong,
report to a registration officer, surrender that card and apply for an identity
card in place of that card.
(3) If a registration officer is satisfied, on an application under
subregulation (1) or (2) by any person, that that person enjoys the right of
abode in Hong Kong the registration officer shall issue to the applicant a
permanent identity card.
(4) An identity card surrendered to a registration officer under
subregulation (1) or (2) shall thereupon cease to be valid.
(5) It shall be lawful for a registration officer to destroy any identity card
surrendered to him under subregulation (1) or (2).
(L.N. 178 of 1987)

7. Invalidity of young person's identity card
An identity card not surrendered to a registration officer under regulation
6(1) or (2) shall cease to be valid-
(a) in the case of subregulation (1) of that regulation-
(i) 30 days after the holder's 11 th birthday; or
(ii) if he is outside Hong Kong on that birthday, 30 days after
his return to Hong Kong; or
(b) in the case of subregulation (2) of that regulation-
(i) 30 days after the holder's 18th birthday; or
(ii) if he is outside Hong Kong on that birthday, 30 days after
his return to Hong Kong.
(L.N. 382 of 1989)

7A. Renewal of permanent identity card issued
abroad on return to Hong Kong

(1) Every person who is not an exempt person or an excluded person, and
is the holder of a permanent identity card that was issued on an application
from outside Hong Kong, shall-
(a) within 30 days of his return to Hong Kong; or
(b) if he enters Hong Kong for the first time, within 30 days of his
entering Hong Kong,





report to a registration officer, surrender that card and apply for an identity card in
place of that card.

(2) If a registration officer is satisfied, on an application under subregulation (1)
by any person, that that person enjoys the right of abode in Hong Kong the
registration officer shall issue to the applicant a permanent identity card.

(3) An identity card surrendered to a registration officer under subregulation (1)
shall thereupon cease to be valid.

(4) It shall be lawful for a registration officer to destroy any identity card
surrendered to him under subregulation (1).

(L.N. 382 of 1989)

7B. Invalidity of permanent identity card issued abroad

(1) Where a registration officer is satisfied that a person to whom a permanent
identity card that was issued on an application from outside Hong Kong has not
complied with regulation 7A(1) he may by such means as he may determine declare
the card to be invalid, order it to be surrendered to a registration officer and order the
person to whom the card was issued to apply for an identity card at such place, in
such manner, and within such period, as he may require.

(2) If a registration officer is satisfied, on an application under subregulation (1)
by any person, that that person enjoys the right of abode in Hong Kong the
registration officer shall issue to the applicant a permanent identity card.

(3) It shall be lawful for a registration officer to destroy any identity card
surrendered to him under subregulation (1).

(L.N. 382 of 1989)

8. Duty to keep and maintain records

(1) The Commissioner shall for the purposes of the Ordinance and these
regulations keep such records as he may consider necessary which shall contain all
the names of an applicant and the particulars furnished by him under regulation
4(1)(b) and such other particulars as the Commissioner may, in any particular case,
consider necessary. (L.N. 178 of 1987)

(2) For the purposes of such records or for such other purposes as a registration
officer may consider necessary, he may photograph fingerprints, information and
documents furnished or made for the purposes of registration or for the issue or
renewal of an identity card. (L.N. 86 of 1983; L.N. 178 of 1987)

(3) A registration officer shall destroy identity cards, photographs, fingerprints,
information and documents furnished by applicants which are in his possession





(a)when he considers that such identity cards, photographs,
fingerprints, information and documents are obsolete and no
longer required; or
(b) when so ordered by the Chief Secretary. (L.N. 158 of 1973;
L.N. 86 of 1983; L.N. 178 of 1987)

9. Power to call for further information

Any registration officer may-
(a)summon before him any person (including the head of a family)
and require him to answer any question which he may reasonably
consider necessary to ask him for the purpose of the carrying
out of the provisions of the Ordinance or of these regulations;
(L.N. 178 of 1987)
(b)require any applicant to make such declaration, under oath or
otherwise, or furnish such further particulars, or produce such
documents, as he may reasonably require; (L.N. 204 of 1979)
(c)require any applicant who has to comply with the provisions
of regulation 4(2) to make such declaration, under oath or
otherwise, or furnish such further particulars, or produce such
documents, as he may reasonably require. (L.N. 204 of 1979;
L.N. 178 of 1987)

10. Responsibility for custody of identity card

Subject to the provisions of these regulations-
(a)the applicant, other than a person under 18 years of age, to
whom an identity card has been issued, shall be responsible for
the custody thereof; and (L.N. 158 of 1973)
(b)the head of a family the members of whose family have been
issued with identity cards shall be responsible for the custody
thereof.

11. Duty to carry and produce identity card

(1) The Governor in Council may, by order published in the Gazette,
require that every person, or every person of such class or such description as
may be specified in the order, shall carry his identity card when in such area or
place, on such occasion, for such purpose or in such circumstance as may be
specified in the order. (L.N. 176 of 1979)
(2) During the currency of an order made under subregulation (1) any
person or member of a class of persons authorized for the purpose by the
Commissioner of Police, any police officer or member of the Immigration





Service, in uniform or on production of his authority if required, may require
any person to whom the order relates to produce his identity card on demand
for inspection. (L.N. 176 of 1979)
(2A) Any person who is required by an order made under this regulation
to carry his identity card and who is required under this regulation to produce
his identity card on demand and fails to do so commits an offence and is liable
to a fine of $3,000 and to imprisonment for 1 year. (L.N. 176 of 1979; L.N.
301 of 1980)
(3) For the purposes of identification any police officer or person or
persons so authorized may, during the currency of an order made under
subregulation (1), at any time take the left thumbprint, or, if this is not possible,
such other single fingerprint and written signature (if such person is able to
write) of any person who he believes to be of 11 years of age or over and any
person whose fingerprint and written signature are required under this
regulation shall submit to all such steps as may be reasonably necessary for the
taking thereof. (L.N. 158 of 1973)

12. Prohibition against making alteration to identity card

(1) Any person who, without the authority of the Commissioner, makes
any mark or entry upon, or erases, cancels or alters any mark or entry contained
in, or otherwise defaces, or destroys, an identity card or other document issued
for the purposes of the Ordinance or of these regulations shall be guilty of an
offence. (L.N. 301 of 1980; L.N. 382 of 1989)
(2) Any person who, without the authority of the Commissioner, has in
his possession an identity card, or other document issued or required for the
purposes of the Ordinance or of these regulations, which is defaced or
unlawfully altered shall be guilty of an offence. (L.N. 158 of 1973; L.N. 301 of
1980; L.N. 298 of 1981)
(3) (Repealed L.N. 382 of 1989)
(4) Any person who commits an offence under subregulation (1) or (2)
shall be liable to a fine of $5,000 and to imprisonment for 2 years. (L.N. 301
of 1980; L.N. 382 of 1989)

13. Duty to notify loss, etc., of identity card

(1) If an identity card has been lost, destroyed, damaged or defaced, the
person to whom it relates shall-
(a)so report to a registration officer within 14 days of such loss,
destruction, damage or defacement or, if he is outside Hong Kong
at the time of such loss, destruction, damage or defacement,
within 14 days of his return to Hong Kong;(L.N. 382 of 1989)





(b)in the case of such damage or defacement, surrender that
damaged or defaced card to the registration officer within that
period; and
(c)apply for a replacement identity card in such manner as the
registration officer may require. (L.N. 178 of 1987)
(2) A registration officer may- (L.N. 178 of 1987)
(a)after production of such evidence, under oath or otherwise as he
may require; and
(aa) (Repealed L.N. 178 of 1987)
(b) after such investigation as he may consider necessary; and
(ba) (Repealed L.N. 178 of 1987)
(c) upon such conditions as he may impose; and
(d)upon payment to him of the appropriate fee (if any) prescribed in
Schedule 2, (G.N.A. 55 of 1961)
issue to that person a replacement identity card in the place of the one lost,
destroyed, damaged or defaced. (L.N. 204 of 1979; L.N. 178 of 1987)
(3) If a registration officer is satisfied, on an application under
subregulation (1) by any person, that that person enjoys the right of abode in
Hong Kong the registration officer shall issue to the applicant a permanent
identity card. (L.N. 178 of 1987)
(4) It shall be lawful for a registration officer to destroy any damaged or
defaced identity card surrendered to him under subregulation (1). (L.N. 178
of 1987)

13A. Furnishing false particulars
of loss etc. of identity card

Any person who makes any statement or declaration or furnishes any
particulars or evidence to a registration officer alleging that an identity card has
been lost, destroyed, damaged or defaced knowing that such statement,
declaration or particulars or evidence is false in any material particular commits
an offence and is liable to a fine of $20,000 and to imprisonment for 2 years.
(L.N. 86 of 1983)

13B. Lost, destroyed, damaged or defaced
identity card ceasing to he valid

Where a person has reported to a registration officer under regulation 13(1)
that an identity card has been lost, destroyed, damaged or defaced, the identity
card shall, from the time that that report is made to the registration officer,
cease to be valid.
(L.N. 178 of 1987)





14. Replacement of identity card

(1) Subject to subregulations (2) and (6), a holder of an identity card may apply
to a registration officer

(a) for alteration of that card; or

(b)in the case of the holder of an identity card (other than a permanent
identity card) issued after 1 July 1987, for the issue of a permanent
identity card in place of that card; or

(c)in the case of the holder of a permanent identity card that was issued
on an application from outside Hong Kong, for the issue in Hong
Kong of a permanent identity card in place of that card,

and the registration officer shall issue to the applicant a replacement identity card
upon such conditions and upon the payment of the appropriate fee (if any)
prescribed in Schedule 2. (L.N. 382 of 1989)

(2) The registration officer shall only issue a replacement identity card

(a)after the identity card has been surrendered to him; (L.N. 382 of 1989)

(b)after the production of such evidence, under oath or otherwise as he
may require; and

(c) after such investigation as he may consider necessary.

(3) If a registration officer is satisfied, on an application under subregulation (1)
by any person, that that person enjoys the right of abode in Hong Kong the
registration officer shall issue to the applicant a permanent identity card.

(4) An identity card surrendered to a registration officer under subregulation
(2)(a) shall thereupon cease to be valid.

(5) It shall be lawful for a registration officer to destroy any identity card
surrendered to him under subregulation (2)(a).

(6) An application under regulation 3A, 3B, 6, 7A or 7B or subregulation (1)(b)
or (c) by the holder of an existing identity card shall not be treated as an application
under subregulation (1)(a) for alteration of that card. (L.N. 382 of 1989)

(L.N. 178 of 1987)

14A. (Repealed L.N. 178 of 1987)

15. Duty of finder of identity card

(1) Any person who finds an identity card which does not belong to him or to a
member of his family shall forthwith cause it to be delivered to any registration office
or police station.

(2) If at any time after an application is made to a registration officer under
regulation 13(1)(c) for the issue of a replacement identity card under





regulation 13(2) the card in respect of the application is found by the person to
whom it relates or a member of his family, that person shall forthwith cause it
to be delivered to any registration officer or police station. (L.N. 178 of 1987;
L.N. 382 of 1989)
(3) It shall be lawful for a registration officer to destroy any identity card
delivered to him under subregulation (1) or (2). (L.N. 178 of 1987)

16. Duty to return identity card for cancellation

Upon the death of a person to whom an identity card was issued his
identity card shall cease to be valid and the person in possession of his card
shall deliver it within 30 days after the date of the death to the registration
officer for cancellation. The registration officer may, if the person who delivered
the identity card so requires, return it to such person within 14 days of its
cancellation.
(L.N. 158 of 1973; L.N. 178 of 1987)

17. (Repealed L.N. 178 of1987)

18. Duty to report corrections

(1) Any person who-
(a)has, whether before or after the commencement of the
Ordinance, submitted particulars to a registration officer whether
in respect of himself or some other person, or on whose behalf
particulars have been so submitted, which, at any time, are or
have become incorrect; or (L.N. 178 of 1987)
(b)has in his possession an identity card which shows particulars
which differ from those previously submitted to a registration
officer, (L.N. 178 of 1987)
shall forthwith report the fact to the nearest registration office.
(2) Where, in the opinion of the registration officer it is necessary to alter
the identity card of a person making a report under subregulation (1), he shall
order that person to surrender his identity card to a registration officer and that
person shall surrender his identity card. (L.N. 158 of 1973)
(3) Where an identity card is surrendered under subregulation (2), such
surrender shall be deemed to be an application under regulation 14. (L.N. 158
of 1973; L.N. 178 of 1987)
(4) It shall be lawful for a registration officer to destroy any identity card
surrendered to him under subregulation (2).(L.N. 178 of 1987)





19. Offences

(1) Any person who-

(a)without reasonable excuse contravenes regulation 3, 4, 6, 9, 13(1),
15(1) or (2), 16 or 18, or without reasonable excuse fails or refuses to
comply with any such regulation or with any direction or requirement
thereunder; (L.N. 382 of 1989)

(b) (Repealed L.N. 86 of 1983)

(c) (Repealed L.N. 86 of 1983)

(d)without reasonable excuse fails or refuses to comply with any order
published under regulation 11 (1) or with any requirement thereunder;

(e)without reasonable excuse fails or refuses to comply with any
requirement under regulation 11 (3);

(Repealed L.N. 178 of 1987)

(g) without reasonable excuse has possession of an identity card-

(i)that has ceased to be valid under regulation 3C(3), 6(4), 7, 7A(3),
13B, 14(4) or 16; or (L.N.382of1989)

(ii)that has been declared by a registration officer to be invalid
under regulation 3D(1), 7B(1) or subregulation (3), (L.N. 382 of
1989)

shall be guilty of an offence.

(2) Any person guilty of an offence under subregulation (1) shall be liable to a
fine of $3,000 and to imprisonment for 1 year. (L.N. 301 of 1980)

(2A) Any person who without reasonable excuse contravenes regulation 3B(1),
3C(1) or 5(1C), or without reasonable excuse fails or refuses to comply with any such
regulation or with any direction or requirement thereunder commits an offence and is
liable to a fine of $3,000. (L.N. 86 of 1983)

(2B) (a)Any person who without reasonable excuse applies for or obtains
more than one identity card (otherwise than as the head of a family
applying for or obtaining an identity card in respect of a person
under 18 years of age to whom he is in loco parentis) commits an
offence.

(b)Any person who without reasonable excuse has possession of more
than one identity card, commits an offence.

(c)Any person who commits an offence under this subregulation is
liable to a fine of $20,000 and to imprisonment for 2 years. (L.N. 86 of
1983)

(2C) Any person who in furnishing particulars required under regulation 4, or in
making any statement or declaration or furnishing any particulars or evidence under
regulation 9, 13 or 14, or when making a report under regulation 18, makes any
statement or furnishes any particulars or evidence which he knows is false in any
material particular commits an offence and is

liable to a fine of 520,000 and to imprisonment for 2 years.(L.N. 86 of 1983)





(3) Where a registration officer believes on reasonable grounds-

(a)that an identity card has been obtained as the result of the
commission of an offence specified in subregulation (2A), (2B) or (2C):
or (L.N. 86 of 1983)

(b)that a person is in possession of an identity card in respect of which
an offence under subregulation (2A), (2B) or (2C) or regulation 12(1) or
(2) has been committed, (L.N. 86 of 1983)

he may, whether or not any person is to be prosecuted for the offence, by such
means as he may determine declare the card to be invalid, order it to be surrendered
to a registration officer and order the person to whom the card was issued to apply
for an identity card at such place, in such manner, and within such period, as he may
require.

(4) Any person who fails or refuses to comply with any order under regulation
3D(1), 7B(1), 20(1) or subregulation (3) shall be guilty of an offence and liable to a
fine of $5,000 and to imprisonment for 2 years. (L.N. 382 of 1989)

(5) Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227),
criminal proceedings in respect of

(a)any offence under regulation 3, 6 or 18 may be instituted at any time
within 3 years from the commission of the offence;

(aa) any offence under regulation 3B(1) may be instituted at any time
within 5 years from the commission of the offence; and (L.N. 86 of
1983)

(b)any other offence under these regulations may be instituted within 2
years from the commission of the offence.

(L.N. 204 of 1979; L.N. 178 of 1987)

20. Surrender and destruction of identity card

(1) Where a registration officer is satisfied that an identity card that-

(a)has been declared to be invalid by the Secretary for Security under
section 7C(1) of the Ordinance; or

(b)has been declared to be invalid by a registration officer under any of
these regulations; or

(c) has ceased to be valid under any of these regulations, has not been
surrendered to a registration officer (whether at the time of application for, or the
renewal of, an identity card or otherwise) he may order it to be surrendered to a
registration officer and order the person to whom the card was issued, unless he has
already done so, to apply for an identity card or for the renewal of an identity card,
as the case may be, at such place, in such manner, and within such period, as he may
require.

(2) It shall be lawful for a registration officer to destroy any identity card
surrendered to him under regulation 19(3) or subregulation (1).

(L.N. 382 of 1989)





21. Burden of proof

(1) Subject to regulation 22, the burden of proving the truth of the contents of
any written application for an identity card, or the contents of the identity card itself,
shall lie on the applicant for such identity card, or the person to whom such identity
card has been issued, or on any other person alleging the truth of such contents.

(2) If, in any proceedings with reference to any decision or act done or
proposed to be done by a registration officer under any of these regulations, a
person claims

(a) that he enjoys the right of abode in Hong Kong; or

(b) that he is entitled to a permanent identity card, the
onus of proving the same shall lie on that person.

(L.N. 178 of 1987)

22. Permanent identity card to he evidence

of right of abode in Hong Kong

A valid permanent identity card shall be evidence that the person to whom the
card relates enjoys the right of abode in Hong Kong.

(L.N. 178 of 1987)

23. Power to certify and furnish certified copies

A registration officer in his absolute discretion may, upon receipt of the written
and signed request from the person to whom an identity card relates (accompanied,
if such person is living outside Hong Kong with a copy of his photograph and a
facsimile of his left thumb-print or such other fingerprint as the registration officer
may require, both properly authenticated by a notary public) and payment of the
appropriate fee (if any) prescribed in Schedule 2 55 of 1961; L.N. 178 of 1987)

(a)certify to the correctness or otherwise of such matters relating to
such person contained in the written request which are within his
knowledge; and

(b)furnish a certified copy of the photograph of such person or relevant
document in his custody.

24. Duty not to disclose photographs,

fingerprints and particulars

Subject to the provisions of regulation 23, a registration officer shall not

(L.N. 178 of 1987)

(a)produce for inspection, or supply a copy of, the photograph of a
person registered under the provisions of these regulations or his
fingerprint, or





(b) disclose or supply a copy of the particulars furnished under
regulation 4(1)(b), (L.N. 178 of 1987)
except and unless with the written permission of the Chief Secretary which
may-
(i) refer to a person or class or category of persons by name, office
or description; and
(ii) contain such terms and conditions as the Chief Secretary may
deem fit to impose.

25. Exemptions

None of the persons mentioned hereunder so long as he retains the status
and qualifications hereinafter mentioned shall be required to register or apply
for the issue of an identity card or for the renewal of an identity card under the
Ordinance and these regulations- (L.N. 86 of 1983)
(a) the Governor and members of his family forming part of his
household;
(b) persons-
(i)serving in Her Majesty's regular naval, military or air forces,
other than those locally domiciled, in possession of the official
identity card or document of identity normally issued to
them, and. their wives, and their sons and daughters under 18
years of age; or
(ii) employed by Her Majesty's Government in the United
Kingdom, other than those locally domiciled, their
wives and their sons and daughters under 18 years of age;
(G.N.A. 55 of 1961; L.N. 158 of 1973)
(c) (Repealed L.N. 218 of 1983)
(d) any persons who-
(i) is a bona fide traveller in transit through Hong Kong;
(ii)satisfies a registration officer, or in respect of whom a
registration officer is satisfied, that he does not intend to
remain in Hong Kong for more than 180 days or such longer
period as a registration officer may approve; or (L.N. 178
of 1987)
(iii) has been granted permission to remain in Hong Kong by the
Director of Immigration for a period of not more than 180
days,
and is in possession of a valid travel document bearing the
appropriate visa issued by a competent authority or of an official
document of identity indicating that he normally lives outside
Hong Kong;(L.N. 204 of 1979)





(e)the aged, the blind and the infirm who satisfy a registration officer that
compliance with the Ordinance and these regulations will injure their
health or the health of others; (L.N. 158 of 1973; L.N. 178 of 1987)

children of consuls and consular staff who are under 11 years of age;
(L.N. 158 of 1973; L.N. 382 of 1989)

(g) children under 11 years of age: (L.N. 158 of 1973)

Provided that any of the above-mentioned persons may, if they so desire and if
the Commissioner allows, or if they are applicants for British National (Overseas)
passports or certificates of identity and have the right of abode in Hong Kong, or if
they are 11 years of age or above and are the holders of permanent identity cards
that were issued on applications made from outside Hong Kong, register, apply for
the issue of identity cards or for the renewal of identity cards and be issued with
identity cards under the Ordinance and these regulations. (55 of 1971 Sch.; L.N. 86 of
1983; L.N. 178 of 1987; L.N. 382 of 1989)

25A. Exclusion of certain persons from the Ordinance

(1) A person to whom this regulation applies is excluded from the provisions of
the Ordinance and shall not be registered nor provided with an identity card.

(2) This regulation applies to all persons previously resident in Vietnam who
are permitted to remain in Hong Kong as refugees pending their resettlement
elsewhere.

(L.N. 33 of 1980)

26. Fees

(1) The fees in Schedule 2 are hereby prescribed for the respective documents
and matters enumerated therein, and shall be payable on demand:

Provided that a registration officer may, when so instructed by the Chief
Secretary, waive any or all fees in respect of any applicant or class or category of
applicants. (L.N. 178 of 1987)

(2) The Governor may by order published in the Gazette amend Schedule 2.

26A. Practice and procedure on appeals to the Tribunal

(1) Subject to subregulation (2), the practice and procedure on an appeal to the
Tribunal under section 3D of the Ordinance shall be such as the chief adjudicator
may determine.

(2) Schedule 4 shall have effect for the purpose of regulating appeals to the
Tribunal.

(L.N. 178 of 1987)





27. Savings and transitional

(1) An identity card that is valid immediately prior to the commencement of the
Registration of Persons (Amendment) Regulations 1987 (L.N. 178 of 1987) shall
remain so until it ceases to be valid in accordance with the Ordinance, and the
regulations, as amended by those regulations.

(2) An identity card for which an application is made before the commencement
of the Registration of Persons (Amendment) Regulations 1987 (L.N. 178 of 1987) may
be issued as if those regulations had not been made, and

(a)may be collected by the applicant, or sent to him by the registration
officer, within 70 days of their commencement; or

(b)if not so collected or delivered, may be destroyed, and the applicant
shall thereupon be deemed not to have applied for the identity card.

(L.N. 178 of 1987)

SCHEDULE1 [reg. 51

CONTENT OF FORMS OF IDENTITY CARD

1. Every identity card shall include-

(a) the full personal name and surname of the applicant in English or in English and
Chinese; (b) the Chinese commercial code (if applicable);

(c) the date of birth of the applicant;

(d) a number for identification purposes;
(e) the date of issue of the card;

(j) a photograph of the applicant, unless the applicant is under the age of 11 years;
and (g) such symbols, letters or numbers (if any) as the Commissioner may
determine.

2. A permanent identity card shall include the following statement

'The holder of this card has the right of abode in Hong Kong

and, if it is issued to an applicant in response to an application made from outside Hong
Kong, shall include

(a) a reference to that fact; and

(b)subject to paragraph 3(b), a statement to the effect that the card must be renewed within
30 days after the holder's return to Hong Kong.
3. (a)A permanent identity card issued to an applicant under 11 years of age shall include a
statement to the effect that the card must be renewed within 30 days after the holder's 11
th birthday.

(b)A permanent identity card issued to an applicant under 11 years of age in response to an
application made from outside Hong Kong shall include a statement to the effect that
the card must be renewed within 30 days after the holder's return to Hong Kong unless the
applicant is then still under 11 years of age.

4.An identity card issued to an applicant who has attained 11 years of age but not 18 years of
age shall include a statement to the effect that the card must be renewed within 30 days after
the holder's 18th birthday.

(L.N. 178 of 1987)





SCHEDULE 2 [regs. 5,13,14,23 & 261

FEES

Fee

1. Identity card prepared under regulation 5(1)(a) in respect of an application under NIL
regulation 3,3A, 3B,6,7A or 7B. (L.N.382 of 1989)
2. Identity card prepared under regulation 5(1)(b) in respect of consuls, consular NIL
staff, etc.
3. Lost or destroyed identity card replaced under regulation 13. $100
4. Damaged or defaced identity card replaced under regulation 13. $ 35
5. Identity card requiring alteration replaced under regulation 14(1)(a). $100
6. Identity card replaced by permanent identity card under regulation 14(1)(b). NIL
7. Permanent identity card issued on an application from outside Hong Kong NIL
replaced by permanent identity card under regulation 14(1)(c).
8. Certificate or a certified copy furnished under regulation 23. $100

(L.N. 86 of 1983; L.N. 142 of 1986; L.N. 178 of
1987)

SCHEDULE 3 [regs. 3A(1) & (2), 3B(10 &
3E]

NEW IDENTITY CARD ISSUE
OFFICES

(1) Hong Kong New Identity Card Issue Office,
Basement,
151 Gloucester Road,
Wan Chai,
Hong Kong.

(2) East Kowloon New Identity Card Issue Office,
Amoy Garden Plaza, 2nd Floor,
77 Ngau Tau Kok Road,
Ngau Tau Kok,
Kowloon.

(3) West Kowloon New Identity Card Issue Office,
Canton Road Government Offices, 2nd Floor,
393 Canton Road,
Tsim Sha Tsui,
Kowloon.

(4) Tsuen Wan New Identity Card Issue Office,
East Asia Commercial Centre, Ground Floor,
29-37 Tsuen Fu Street,
Tsuen Wan,
New Territories.

(5) Sha Tin New Identity Card Issue Office,
2nd Floor, Shop 8A,
11-17 Sha Tin Centre Street,

Sha Tin,
New Territories.(L.N. 273 of 1988)





(6) Yuen Long New Identity Card Issue Office,
Hop Yick Centre, 2nd Floor,
Hop Yick Road,
Yuen Long,
New Territories.

(7) Sheung Shui New Identity Card Issue Office,
Tsuen Wo Tai Lau, Ground Floor,
82-84 San Fung Avenue,
Shek Wu Hui,
Sheung Shui,
New Territories.

(8) Tuen Mun New Identity Card Issue Office,
Chi Lok Commercial Centre, Ground Floor,
Chi Lok Fa Yuen,
New Territories.

(L.N. 86 of 1983; L.N. 178 of 1987)

SCHEDULE 4 [reg. 26A]

APPEALS To REGISTRATION OF PERSONS
TRIBUNAL

1 . Copy of notice of appeal to he
delivered
to Commissioner of Registration

On receipt of a notice of appeal from an appellant, the Tribunal shall, as soon as
practicable, provide the Commissioner of Registration with a copy of such notice.

2. Appeals to he beard without
delay

The Tribunal shall hear and decide every appeal as expeditiously as is practicable, and for
that purpose may sit at any time.

3. Appeals to he heard by 2
adjudicators

(1) Subject to subparagraph (2), an appeal to the Tribunal shall be heard and determined by 2
adjudicators sitting together.

(2) The Tribunal shall allow an appeal if either or both of the adjudicators hearing the
appeal consider that the appeal should be allowed under section 3D(4) of the Ordinance.

4. Tribunal not confined to matters set out in notice of
appeal

The Tribunal may consider any matter and evidence which appears to the Tribunal to be
relevant to the ground of appeal permitted by the Ordinance notwithstanding the omission of
any reference to such matter in the notice of appeal, and may receive and consider any evidence
which appears to it to be relevant to the issues before it notwithstanding that the evidence would
not be admissible in a court of law.





5. Respondent

The Commissioner of Registration shall be the respondent to an appeal and may be
represented by a registration officer, counsel or a solicitor.

6. Representation of appellant

An appellant may be represented by counsel, a solicitor or such other representative authorized
by the appellant as may be approved by the Tribunal.

7. Respondent to prepare facts of case for Tribunal

The respondent shall, as soon as practicable after a notice of appeal is provided to him under
paragraph 1-
(a) prepare a written summary of the facts of the case and setting out-
(i) the reasons for the refusal of a registration officer to issue a permanent identity
card to the appellant; or
(ii) the reasons for the registration officer to declare a permanent identity card issued
to the appellant to be invalid; and
(b)deliver copies of that written summary by post or otherwise to the appellant at his
last known address and to the Tribunal.

8. Notice of hearing

The Tribunal shall inform the respondent and the appellant by notice in writing the time and
place of the hearing.

9. Witnesses and evidence

(1) The Tribunal may, on the application of an appellant or of the respondent, or on its own
motion, by summons require any person to attend as a witness at the hearing of an appeal at such
time and place as may be specified in the summons, and at the hearing to answer any questions, to
give evidence or produce any documents in that person's possession, custody or power which may
relate to any issue in the appeal.
(2) (a)Notwithstanding subparagraph (1), no person shall be compelled to give any
evidence or produce any document which he could not be compelled to give or
produce in proceedings in a court of law.
(b)Nothing in this subparagraph shall entitle any person to refuse to give any evidence
or to produce any document on the ground only that such evidence or document
would not be admissible in a court of law and that accordingly he could not be
compelled to give or produce it.
(3) The Tribunal may require any witness to give evidence on oath or affirmation.
(4) For the purpose of this paragraph, the Tribunal and any adjudicator shall have the same
powers in relation to witnesses as a magistrate has under sections 21 and 22 of the Magistrates
Ordinance (Cap. 227) in proceedings under Part 11 of that Ordinance, and a summons to a witness
shall be in such form as the chief adjudicator may determine.
(5) (a)The Tribunal may allow in respect of a witness who attends at the hearing of an
appeal to give evidence (including professional or expert evidence) a professional
witness allowance, expert witness allowance or loss allowance, as the case may be, not
exceeding the professional witness allowance, expert witness allowance or loss
allowance that a magistrate may allow under the Criminal Procedure (Witnesses'
Allowances) Rules (Cap. 221 sub. leg.) in respect of a witness who attends to give
evidence in criminal proceedings.
(b)Any sum allowed under subparagraph (a) shall cease to be payable unless claimed
within 3 months from the date on which it was allowed,





10. Transfer of bearing to other
adjudicators

(1) Where an appeal has not been determined by the adjudicators hearing it by reason of the
illness, or the absence from Hong Kong, of one or both of those adjudicators or for some other
cause, the chief adjudicator shall make arrangements, if he is of the opinion that it is not
practicable for the appeal to be determined by those adjudicators, or determined without undue
delay by those adjudicators, for the appeal to be dealt with by one of those adjudicators and
another adjudicator or 2 other adjudicators; and the appeal may be dealt with accordingly.

(2) Where the adjudicators hearing an appeal consider that the appeal should, for any reason,
be dealt with by one of them and another adjudicator, or by 2 other adjudicators, they may make
arrangements for the appeal to be so dealt with; and the appeal may be dealt with accordingly.

11. Hearings in absence of
appellant

The Tribunal may hear an appeal in the absence of the appellant

(a) if the appellant refuses or declines to appear when given the opportunity to do so;
or

(b)if the Tribunal is satisfied that by reason of illness or injury the appellant cannot
attend the hearing; or

(c)if the Tribunal is satisfied that the appellant lives outside Hong Kong and is unable
to attend the hearing; or

(d)if the appellant is represented by counsel, a solicitor or such other representative
authorized by the appellant as may be approved by the Tribunal,

and that in the opinion of the Tribunal it would be proper in all the circumstances to proceed in
the absence of the appellant.

12. Record of proceedings

The Tribunal shall keep a summary or record of proceedings in every appeal which comes

before it in such form as the chief adjudicator may determine. (L.N. 178 of 1987)

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