IMMIGRATION SERVICE ORDINANCE

IMMIGRATION SERVICE ORDINANCE

LAWS OF HONG KONG

IMMIGRATION SERVICE ORDINANCE

CHAPTER 331





CHAPTER 331

IMMIGRATION SERVICE ORDINANCE

ARRANGEMENT OF SECTIONS

section ..................................page

PART I

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 3
2. Interpretation............................. ... ... ... ... ... ... ... ... 3

PART II

ESTABLISHMENT OF SERVICE AND ITS REGULATION AND
CONTROL

3. Establishment and composition of Service ... ... ... ... ... ... ... ...3

4. Payment and maintenance of Service ... . ... ... ... ... ... ... ... ... 3

5. Direction and administration of Service ... ... ... ... ... ... ... ... ... 3

6. Warrant cards .......................... ... ... ... ... ... ... ... 3

7. Duty of members to obey orders... ... ... ... ... ... ... ... ... ...3

8. Disciplinary offences by certain members of Service ... ... ... ... ... ... 4

9. Power of Director to make standing orders ... ... ... ... ... ... ... ...5

10. Members of Service on duty ... ... ... ... ... ... ... ... ... ... 5
11. Duty of member to deliver up uniform, etc. on leaving Service ... ... ... ... 5

PART III

CERTAIN POWERS OF MEMBERS OF
SERVICE

12. Power to arrest Without warrant in certain cases and provisions as to persons

arrested by members of Service. etc. ... ... ... ... ... ... ... ... ... 5

13. Power to examine
and detain certain thin . ... ... ... ... ... ... ... ... 6

14. Power to take photograph. etc. of arrested person ... ... ... ... ... ... ... 6

PART IV

WELFARE FUND

15. Establishment of fund ..................... ... ... ... ... ... ... ... ... 6
16. Control of fund ........................... ... ... ... ... ... ... ... 6

PART V

OFFENCES AND
PENALTIES

17. Offences in relation to disaffection in the Service ... ... ... ... ... ... ... 7








18. Making of false reports. etc. to member of Service ... ... ... ... ... ... ... 7
19. Assaulting or resisting member of Service ... ... ... ... ... ... ... ... - 7
20. Contravention of section 11 to be an offence ... ... ... ... ... ... ... ... 7
21. Unauthorized wearing of Service uniform. etc. ... ... ... ... ... ... ... 7





Section Page
PART VI

SUPPLEMENTARY AND
MISCELLANEOUS

22. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8

23. Application of section 102 of Criminal Procedure Ordinance ... ... ... ... 8
24. Saving in relation to application of Colonial Regulations and Regulations of the
Hong Kong Government ... ... ... ... .. . ... ... ... ... ... .... 8
25. Saving in relation to prerogative right of Crown ... ... ... ... ... ... ... 8
26. Amendment of Schedule ... ... ... ... ... ... ... ... ... ... ... ... 8

Schedule ....................................... ... ... ... ... ... ... ... ... 8





CHAPTER 331

IMMIGRATION SERVICE

To provide for the establishment and maintenance of a service to be
known as the Immigration Service, to vest certain . certain
powers in . its .
members and to provide for matters connected with the purposes
aforesaid.

[4 August 1961.]

PART I

PRELIMINARY

1. This Ordinance may be cited as the Immigration Service
Ordinance.

2. In this Ordinance. unless the context otherwise requires

'Director' means the Director of Immigration,

'Service' means the Immigration Service established by section 3.

PART II

ESTABLISHMENT OF SERVICE AND ITS REGULATION AND
CONTROL

3. There is hereby established a service which shall be known as
the Immigration Service and which shall consist of the officers and
other ranks specified in the Schedule.

(Amended, 20 of 1966, s. 2)

4. Provision for the payment and maintenance of the Service shall
be by charges on the general revenue of the Colony to such amounts as
may by annual vote or otherwise be voted by the Legislative Council.

5. Subject to the orders and control of the Governor, the Director
shall be responsible for the direction and administration of the Service. .

6. A warrant card shall he issued to every member of the Service
and shall be evidence of his membership thereof.

(Amended. 16 of 1980, s. 2)

7. Every member of the Service shall obey all lawful orders of his
superior officers whether the same are given orally or in writing, and
shall also obey all orders made by the Director under the provisions of
section 9.





8. (1) Any assistant immigration officer and any member of the
Service having a rank lower than that of assistant immigration officer
who is found guilty by an assistant director of immigration of any of the
following. namely--

(a) absence from duty without leave or good cause;

(b) sleeping on duty,

(c) conduct to the prejudice of good order and discipline;

(d) disobedience of orders;

(e) insubordination.

(f) neglect of duty or orders;

(g) being unfit for duty by reason of intoxication;

(h)in the course of duty. making a statement which is false in a
material particular;

(i)unlawful or unnecessary exercise of authority resulting in loss
or injury to any person or to the Government;

(J)wilfully or negligently damaging or destroying or negligently
losing any Government property;

(k)conduct calculated to bring the public service into disrepute,

shall be liable to be punished by such assistant director of immigration
with any one or more of the following punishments

(i). reduction in rank.

(ii) caution. warning. reprimand or severe reprimand;

(iii)forfeiture of not more than 1 week's pay, save that. in the case
of absence without leave or good cause for more than 1 week.
pay may be forfeited for a period of not more than the period
of such absence from duty;

(iv)performance of extra duties for a period not exceeding 12
hours nor exceeding 6 hours in any week.

(v)stoppage of increment for a period not exceeding 12 months.

(2) Any member of the Service aggrieved by any finding of or
punishment imposed by an assistant director of immigration under the
provisions of subsection (1) mnay, within 14 days from the date thereof,
appeal to the Director.

(3) Upon any such appeal, the Director may confirm, reverse or
vary such finding or punishment:

Provided that he shall not impose any punishment other than a
punishment which an assistant director of immigration is authorized to
impose under the provisions of subsection (1).

(4) In the event of any such appeal. the punishment against the
imposition of which, or imposed on the finding against which. the
appeal is made shall be suspended pending the determination of the
appeal.





9. (1) The Director may make orders. which shall be known as
Service standing orders, prescribing or providing for

(a) the control, direction and information of the Service;

(b) discipline;

(c) training;

(d) classifications and promotions;

(e) inspections, drills, exercises and parades.

(f) welfare;

(g) departmental finance;

(h) services to be performed by members of the Service;

(i) the manner and form of reports, correspondence and other
records;
the performance of any act which may be necessary for the
proper carring out of the duties of the Service,

(k) such other matters as may, in his opinion. be necessary or
expedient for preventing abuse or neglect of duty and for

rendering the Service efficient in the discharge of its duties.

(2) No Service standing order shall be inconsistent with any of the
provision of this Ordinance.

10. For the purposes of this Ordinance. every member of tile
Service shall be deemed to be always on duty when required to act as
such and shall perform the duties imposed upon. and exercise the
powers granted to, him under this Ordinance or any other law at any
and every place in the Colony where he may be doing duty.

11. Every member of the Service who leaves the Service. whether
in consequence of his resignation or dismissal or otherwise. shall on
leaving the same deliver up his uniform and warrant card and any other
Government property Which may be in his possession.

PART III

CERTAIN POWERS OF MEMBERS OF
SERVICE

12. (1) Any member of the Service may arrest without warrant any
person whom he may reasonably suspect of being guilty of an offence
under section 17, 18. 19, 20 or 21.

(2)(a) Any person who is arrested by any member of the Service.
whether under the provisions of this Ordinance or of any
other enactment, shall be delivered into the custody of the
officer in charge of a police station Within 12 hours of his
arrest, unless. in the meantime. such person has been brought
before a magistrate or released.

(b)When any such person is delivered into the Custody of the
officer in charge of a police station. the provisions of section
52 of the Police Force Ordinance shall apply.





(3) Without prejudice to the provisions of any other enactment
conferring on any member of the Service power to arrest persons

(a)if any person forcibly resists the endeavour of any member of
the Service to arrest him or attempts to evade the arrest, such
member may use all means necessary to effect the arrest; and

(b)if any member of the Service who is* in pursuit of any person
to be arrested has reason to believe that such person has
entered into or is in any place, the person residing in or in
charge of such place shall on demand of such member allow
him free ingress thereto and afford all reasonable facilities for
search therein for such person.

13. Any member of the Service may examine and, if he considers it
necessary, detain anything which appears to him to be or to contain
evidence of the commission of an offence under section 17, 18, 19, 20 or
21.

.14. Any member of the Service or any police officer may take the
photograph, finger-prints, weight and measurements of any person who
has been arrested by any such member, whether under the provisions of
this Ordinance or of any other enactment:

Provided that, if any such person who has not previously been
convicted is subsequently discharged or acquitted, any photograph
(both negative and copies), finger-print impressions and records of
weight or measurements so taken shall be destroyed forthwith or
delivered to such person.

PART IV

WELFARE FUND

15. There shall be established a fund to be known as the
'Immigration Service Welfare Fund' which shall consist of

(a)such donations and voluntary contributions as may be made
thereto;

(b)such sums as may be voted thereto by the Legislative Council,
and

(c)such sums as may accrue by way of dividend or interest from
the investment of the Immigration Service Welfare Fund or any
part thereof.

(Added, 20 of 1966, s. 3)

16. The Immigration Service Welfare Fund shall, subject to such
regulations as may be made under section 22, be controlled by the
Director and applied to the following purposes

(a)procuring for members of the Service or for former members
who have retired on pension. gratuity or other





allowance, comforts, convenience or other benefits not
chargeable to public revenue;

(b)granting loans to members of the Service or to former members
who have retired on pension, gratuity or other allowance;
(Amended, 36 of 1978, s. 2)

(e)making grants to persons who were wholly or partially
dependent at the time of his death on a deceased member, or a
deceased former member of the Service who had retired on
pension, gratuity or other allowance, and who are in need of
financial assistance, whether towards the payment of the
funeral expenses of the deceased member or deceased former
member or otherwise. (Added, 36 of 1978, s. 2)

(Added, 20 of 1966, s. 3)

PART V

OFFENCES AND PENALTIES

17. Any person who causes, or does any act calculated to cause,
disaffection amongst the members of the Service or induces, or does
any act calculated to induce, any member of the Service to withhold his
services or to commit breaches of discipline shall be guilty of an
offence and shall be liable on summary conviction to a fine of $2,000
and to imprisonment for 2 years.

18. Any person who knowingly-

(a)makes or causes to be made to any member of the Service a
false report of the commission of any offence; or

(b)misleads any member of the Service by giving false
information or by making false statements or accusations,

shall be guilty of an offence and shall be liable on summary conviction
to a fine of $1,000 and to imprisonment for 6 months.

19. Any person who assaults, resists or obstructs any member of
the Service acting in the execution of his duty, or aids or incites any
person to assault, resist or obstruct any such member of the Service,
shall be guilty of an offence and shall be liable on summary conviction
to a fine of $250 and to imprisonment for 6 months.

20. Any person who contravenes the provisions of section 11
shall be guilty of an offence and shall be liable on summary conviction
to a fine of $500 and may, in addition, be ordered by the court before
which he is convicted to pay to the Government any sum not exceeding
an amount equal to the value of the property.

21. If any person who is not a member of the Service wears,
without the permission of the Director, the uniform of the Service or any
dress having the appearance, or bearing any of the distinctive marks, of
that uniform, he shall be guilty of an offence and shall be liable on
summary conviction to a fine of $250.





PART VI

SUPPLEMENTARY AND MISCELLANEOUS

22. The Governor in Council may by regulation provide for-

(a)the control, administration and investment of the Immigration
Service Welfare Fund; (Replaced, 20 of 1966, s. 4)

(b)such other matters as may be necessary or expedient for
rendering the Service efficient in the discharge of its duties.'

(c)the better carrying into effect of the provisions of this
Ordinance.

23. The provisions of section 102 of the Criminal Procedure
Ordinance shall apply to any property which has come into the
possession of any member of the Service in connexion with any criminal
offence as they apply to property which has so come into the
possession of the police.

24. Nothing in the provisions of section 8 shall be deemed to affect
the application to any assistant immigration officer or to any member of
the Service having a rank lower than that of assistant immigration
officer of Colonial Regulations. so far as they are applicable. or the
Regulations of the Hong Kong Government, so however that no
member of the Service shall be liable to be proceeded against under
those Regulations in respect of any act or omission which has been the
subject of disciplinary proceedings under the provisions of the said
section 8.

25. Nothing in the provisions of this Ordinance shall be deemed to
affect the right of the Crown to dismiss or terminate the appointment of
any member of the Service and without compensation.

26. The Governor may from time to time by order, which shall be
published in the Gazette, amend the Schedule.

(Added, 20 of 1966, s. 5)

SCHEDULE

Director of Immigration.
Deputy Director of Immigration.
Assistant Director of Immigration.
Principal Immigration Officer.
Assistant Principal Immigration Officer.
Chief Immigration Officer.
Senior Immigration officer.
Immigration Officer.
Assistant Immigration Officer.
Senior Immigration Assistant.
Immigration Assistant.

(Replaced L.N. 102/73. Amednded L.N. 266/78)

Originally 30 of 1961. 20 of 1966. L.N. 102/73. 36 of 1978. L.N. 102/73. L.N. 266/78. 16 of 1980. G.N.A. 90/61. Short title. Interpretation. Establishment and composition of Service. Schedule. Payment and maintenance of Service. Direction and administration of Service. Warrant cards. Duty of members to obey orders. Disciplinary offences by certain members of Service. Power of Director to make standing orders. Members of Service on duty. Duty of member to deliver up uniform, etc. on leaving Service. Power to arrest without warrant in certain eases and provisions as to persons arrested by members of Service, etc. (Cap. 232.) Power to examine and detain certin things. Power to take photograph, etc. of arrested person. Establishment of fund. Control of fund. Offences in relation to disaffection in the Service. Making of false reports, etc. to member of Service. Assaulting or resisting member of Service. Contravention of section 11 to be an offence. Unauthorized wearing of Service uniform, etc. Regulations. Application of section 102 of Criminal Procedure Ordinance. (Cap. 221.) Saving gin relation to application of Colonial Regulations and Regulations of the Hong Kong Government. Saving in relation to prerogative right of Crown. Amendment of Schedule.

Originally 30 of 1961. 20 of 1966. L.N. 102/73. 36 of 1978. L.N. 102/73. L.N. 266/78. 16 of 1980. G.N.A. 90/61. Short title. Interpretation. Establishment and composition of Service. Schedule. Payment and maintenance of Service. Direction and administration of Service. Warrant cards. Duty of members to obey orders. Disciplinary offences by certain members of Service. Power of Director to make standing orders. Members of Service on duty. Duty of member to deliver up uniform, etc. on leaving Service. Power to arrest without warrant in certain eases and provisions as to persons arrested by members of Service, etc. (Cap. 232.) Power to examine and detain certin things. Power to take photograph, etc. of arrested person. Establishment of fund. Control of fund. Offences in relation to disaffection in the Service. Making of false reports, etc. to member of Service. Assaulting or resisting member of Service. Contravention of section 11 to be an offence. Unauthorized wearing of Service uniform, etc. Regulations. Application of section 102 of Criminal Procedure Ordinance. (Cap. 221.) Saving gin relation to application of Colonial Regulations and Regulations of the Hong Kong Government. Saving in relation to prerogative right of Crown. Amendment of Schedule.

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