To provide for the establishment and maintenance of a service to be known as the Immigration Service, to vest certain powers in its members and to provide for matters connected with the purposes aforesaid.
[4 August 1961] G.N.A. 90 of 1961
(Format changes—E.R. 5 of 2020)
This Ordinance may be cited as the Immigration Service Ordinance.
In this Ordinance, unless the context otherwise requires— (Amended 53 of 1996 s. 2)
designated place (指定地方) means any place designated under section 13A(9) as a designated place; (Added 53 of 1996 s. 2) Director (處長) means the Director of Immigration; enter (進入) includes board; (Added 53 of 1996 s. 2) government regulations (政府規例) means the administrative rules known as the Government Regulations and any other administrative rules or instruments regulating the public service; (Added 76 of 1999 s. 3) land (土地) includes a building (and any part thereof), and land covered with water; (Added 53 of 1996 s. 2) Part I offence (第I部罪行) means an offence under any of the enactments specified in column 2 of Part I of Schedule 2; (Added 53 of 1996 s. 2) proof of identity (身分證明文件) has the same meaning as in section 17B of the Immigration Ordinance (Cap. 115); (Added 53 of 1996 s. 2) Public Service (Administration) Order (《公務人員(管理)命令》) means— (a)the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997); (b)the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with that Order published as S.S. No. 5 to Gazette No. 2/1997); and (c)any other regulation made or any direction given under that Order, as amended from time to time; (Added 76 of 1999 s. 3) scheduled offence (表列罪行) means an offence under any of the enactments specified in column 2 of Part I or II of Schedule 2; (Added 53 of 1996 s. 2) Service (事務隊) means the Immigration Service established by section 3.In this Ordinance, a reference to place shall be construed as including a reference to—
land;
any means of air, land, sea or other water transport; and
any structure (including a structure on land and a floating structure). (Added 53 of 1996 s. 2)
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 Schedule 1.
(Amended 20 of 1966 s. 2; 53 of 1996 s. 3)
Provision for the payment and maintenance of the Service shall be by charges on the general revenue of Hong Kong to such amounts as may by annual vote or otherwise be voted by the Legislative Council.
(Amended 76 of 1999 s. 3)
Subject to the orders and control of the Chief Executive, the Director shall be responsible for the direction and administration of the Service.
(Amended 76 of 1999 s. 3)
A warrant card shall be issued to every member of the Service and shall be evidence of his membership thereof.
(Amended 16 of 1980 s. 2)
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.
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—
absence from duty without leave or good cause;
sleeping on duty;
conduct to the prejudice of good order and discipline;
disobedience of orders;
insubordination;
neglect of duty or orders;
being unfit for duty by reason of intoxication;
in the course of duty, making a statement which is false in a material particular;
unlawful or unnecessary exercise of authority resulting in loss or injury to any person or to the Government;
wilfully or negligently damaging or destroying or negligently losing any Government property;
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—
reduction in rank;
caution, warning, reprimand or severe reprimand;
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;
performance of extra duties for a period not exceeding 12 hours nor exceeding 6 hours in any week;
stoppage of increment for a period not exceeding 12 months.
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) may, within 14 days from the date thereof, appeal to the Director.
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).
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.
The Director may make orders, which shall be known as Service standing orders, prescribing or providing for—
the control, direction and information of the Service;
discipline;
training;
classifications and promotions;
inspections, drills, exercises and parades;
welfare;
departmental finance;
services to be performed by members of the Service;
the manner and form of reports, correspondence and other records;
the performance of any act which may be necessary for the proper carrying out of the duties of the Service;
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.
No Service standing order shall be inconsistent with any of the provision of this Ordinance.
For the purposes of this Ordinance, every member of the 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 Hong Kong where he may be doing duty.
(Amended 76 of 1999 s. 3)
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.
If a member of the Service finds in any street or other public place, or on board or in any means of air, land, sea or other water transport any person whom he may reasonably suspect of being guilty of a Part I offence, he may—
stop the person for the purpose of demanding that he produces proof of his identity for inspection by the member; (Amended E.R. 5 of 2020)
subject to subsection (4), detain the person for a reasonable period while the member inquires about the suspected commission of the offence;
subject to subsections (5) and (6), search the person for anything that is likely to be of value (whether by itself or together with anything else) to the investigation of the offence; and
subject to subsection (4), detain the person during such period as is reasonably required for the purpose of effecting such a search.
A member of the Service may, without warrant, arrest any person whom he may reasonably suspect of being guilty of an offence under this Ordinance or of a scheduled offence—
if the offence is one for which a person may, on conviction, be sentenced to a term of imprisonment; or
if, in case the offence is not one described in paragraph (a), it appears to the member that service of a summons in respect of the offence is impracticable because—
the name of the person is unknown to, and cannot readily be ascertained by, the member;
the member has reasonable grounds for doubting whether a name given by the person as his name is his real name;
the person has failed to give an address for service; or
the member has reasonable grounds for doubting whether an address given by the person is a satisfactory address for service.
Where a person is arrested under this section, a member of the Service, together with any person acting in his aid at the request of a member of the Service, may, without warrant, search the person and the place in which the person is arrested, and seize, remove and detain any thing found on the person or in the place and which the member may reasonably suspect to be of value (whether by itself or together with anything else) to the investigation of the offence in relation to which the person is arrested.
A person shall not be detained under subsection (1)(b) or (d) for more than 12 hours.
A person shall not be searched under this section other than by a person of the same sex.
A person shall not be searched under this section in a public place if he objects to being so searched.
If any person resists, or attempts to evade arrest by a member of the Service under this section, the member may use such force as is reasonably necessary to effect the arrest.
(Replaced 53 of 1996 s. 4)
If a member of the Service has reason to believe that—
a person whom he intends to arrest under section 12 has entered or is in any place; and
in order to effect the arrest it is necessary to enter and search the place,
he may request any person residing in or in charge of the place to allow him, together with any person acting in his aid at the request of a member of the Service, to enter the place, and to afford all reasonable facilities for conducting a search of the place.
A person residing in or in charge of a place referred to in subsection (1) shall, upon request by that member, allow the member, together with any person acting in his aid at the request of a member of the Service, to enter the place, and afford all reasonable facilities for conducting a search of the place.
If—
paragraphs (a) and (b) of subsection (1) apply;
entry to the place cannot be effected under subsection (1); and
the offence for which the member intends to effect the arrest is an arrestable offence,
the member, together with any person acting in his aid at the request of a member of the Service, may, without warrant, enter the place and search for the suspect.
Before entering any place under this section, a member of the Service shall, if so required, first state the purposes for which he seeks such entry and produce for inspection his warrant card.
(Replaced 53 of 1996 s. 4)
A person who is arrested by a member of the Service under the provisions of section 12 or of the Immigration Ordinance (Cap. 115)—
may be taken by a member of the Service to an office of the Service; or
may, whether or not he has been taken to an office of the Service under paragraph (a), be taken to a police station and there dealt with in accordance with the Police Force Ordinance (Cap. 232).
Where a person so arrested is taken to an office of the Service under subsection (1)(a), he may be—
detained at that office of the Service or at a designated place, if any member of the Service of or above the rank of Chief Immigration Officer considers it necessary for the purposes of inquiries; or
released on bail—
on his depositing with a member of the Service such reasonable sum of money as any member of the Service of or above the rank of Immigration Officer may require; or
on his entering into such recognizance, with such sureties, if any, as any member of the Service of or above the rank of Immigration Officer may require; or
on his depositing such a sum of money and entering into such a recognizance.
A person who has been released on bail on his depositing a sum of money for the purposes of subsection (2) shall—
appear before a magistrate at such time and place as any member of the Service of or above the rank of Immigration Officer specifies; or
attend at such other place at such time as any member of the Service of or above the rank of Immigration Officer specifies, and thereafter at such time and place, if any, as any such member may specify.
A person who has been released on bail on his entering into a recognizance for the purposes of subsection (2) shall—
appear before a magistrate at such time and place as may be specified in the recognizance; or
attend at such other place at such time as may be specified in the recognizance, and thereafter at such time and place, if any, as any member of the Service of or above the rank of Immigration Officer may specify.
If any person fails to appear before a magistrate or to attend at any other place in accordance with subsection (3) or (4), a magistrate may, on application by the Director, order any sum of money deposited, and any recognizance entered into, for the purposes of subsection (2) to be forfeited in the same manner as a recognizance is forfeited under the Magistrates Ordinance (Cap. 227).
Where a magistrate makes an order under subsection (5), the payment of any sum due as security taken from a surety under subsection (2)(b)(ii) or (iii) may be enforced as if it were a security to which section 64 of the Magistrates Ordinance (Cap. 227) applies.
A person who is detained under subsection (2)(a) shall be charged and brought before a magistrate—
subject to paragraph (b), within the period of 48 hours immediately following his arrest; or
where he has immediately before his arrest been detained under section 12(1)(b) or (d) or both, within the period of 48 hours immediately following the time when he began to be detained under section 12(1)(b) or (d) or both, as the case may be,
unless he is sooner released, whether under subsection (2)(b) or otherwise, or is otherwise detained, removed or deported under the Immigration Ordinance (Cap. 115).
The Chief Executive may by order make such provision as he considers necessary with respect to the treatment of persons being detained, whether under subsection (2)(a) or pursuant to an order of a magistrate under section 20(3) or 79(1) of the Magistrates Ordinance (Cap. 227). (Amended 76 of 1999 s. 3)
The Secretary for Security may, by order published in the Gazette, designate any place as a designated place for the purposes of this section.
(Added 53 of 1996 s. 4)
A member of the Service authorized in that behalf in writing by the Director may, without warrant, arrest any person who has been released on bail under section 13A(2)(b), or has otherwise been admitted to bail following his arrest by a member of the Service or following his appearance before a magistrate on a summons in respect of an offence referred to in section 12(1)—
if the member has reasonable grounds for believing that any of the conditions on or subject to which the person was so released on bail or otherwise admitted to bail has been or is likely to be broken; or
on being notified in writing by any surety for the person that the surety believes that that person is likely to break the condition that he will appear at the time and place thereunder required and for that reason the surety wishes to be relieved of his obligation as surety.
A person who is arrested under subsection (1) shall be brought before a magistrate within the period of 24 hours immediately following his arrest or, if he is not so brought within that period, as soon as practicable after its expiry, but where he was so arrested within the period of 24 hours immediately preceding the time at which he is required, by virtue of a condition of his release on bail under section 13A(2) or of other bail granted to him, to appear before a court, he shall instead be brought before that court.
If it appears to the magistrate or court before whom or which a person is brought under subsection (2) that any of the conditions on or subject to which the person was released on bail or otherwise admitted to bail has been or is likely to be broken, the magistrate or court concerned may—
remand the person in custody; or
admit the person to bail on the same conditions or on such other conditions as he or it thinks fit,
but if the magistrate or court concerned is not satisfied that any of the conditions has been or is likely to be broken, the magistrate or court concerned shall admit the person to bail on the same conditions.
Nothing in this section shall derogate from or otherwise affect the powers of arrest conferred by section 9K of the Criminal Procedure Ordinance (Cap. 221).
(Added 53 of 1996 s. 4)
Where it appears to a magistrate upon the oath of a member of the Service that there is reason to believe that there is in any place any thing which is or contains evidence which may be required in proceedings for an offence under this Ordinance or for a scheduled offence, or wholly or partly by means of which or in relation to which any such offence has been or is about to be committed, or which is likely to be of value (whether by itself or together with anything else) to any investigation into any such offence, the magistrate may, by warrant delivered to a member of the Service, authorize such member, with such assistance as may be reasonably necessary, to enter the place specified in the warrant and to search for, examine and inspect, and seize, remove and detain any such thing.
Before entering any place under subsection (1), a member of the Service shall, if so required, first—
state the purposes for which he seeks such entry and produce for inspection his warrant card; and
produce the warrant pursuant to which the entry is proposed to be made.
(Added 53 of 1996 s. 4)
For the purposes of effecting an entry or search under this Ordinance, a member of the Service and any person acting in his aid at the request of a member of the Service may, if necessary, break open any outer or other door or window.
(Added 53 of 1996 s. 4)
A member of the Service who arrests a person, whether under the provisions of this Ordinance or of any other enactment, may require the person to give his correct name and to produce evidence of identity. (Added 53 of 1996 s. 5)
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: (Amended 53 of 1996 s. 5)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 as soon as reasonably practicable be destroyed or, if the person prefers, delivered to that person. (Amended 53 of 1996 s. 5)
The powers conferred on a member of the Service by this Part are in addition to, and not in substitution for, any other powers, if any, conferred on him whether by Ordinance or otherwise.
(Added 53 of 1996 s. 6)
(Part IV replaced 58 of 1999 s. 5)
In this Part—
acquire (取得) means acquire by purchase or by any other lawful means; amenities (設施活動) means any of the following— (a)facilities that are not chargeable to the general revenue, including holiday premises and recreational facilities (whether provided free or for a charge); (b)social, educational and recreational activities and performances (whether provided free or for a charge and whether provided for participation or as spectator events); beneficiaries (受益人) means the following persons— (a)members of the Service; (b)former members of the Service; (c)dependants of deceased persons who, at the time of death, were members of the Service; (d)dependants of deceased former members of the Service; civil service provident fund scheme (公務員公積金計劃) means the Civil Service Provident Fund Scheme referred to in the government regulations; (Added 6 of 2009 s. 25) corporation (法團) means the corporation sole constituted under section 16(1); dependant (受養人) means— (a)in relation to a member or a former member of the Service—a person who, in the opinion of the Director, is wholly or partially dependent on the member or former member; and (b)in relation to a deceased member or a deceased former member of the Service—a person who, in the opinion of the Director, was, at the time of the death of the member or former member, wholly or partially dependent on the member or former member; dispose of (處置) means dispose of by sale, lease, hiring, mortgage or any other lawful means; former member of the Service (前事務隊成員) means a person who was formerly a member of the Service and— (a)who has retired from the Service with any of the following retirement benefits— (Amended 6 of 2009 s. 25)(i)the pension, gratuity or other allowance of that person as provided for under the Pensions Ordinance (Cap. 89);(ii)the pension benefits of that person as provided for under the Pension Benefits Ordinance (Cap. 99);(iii)the part of that person’s beneficial interests in the civil service provident fund scheme that is attributable to sums derived from the voluntary contributions made by the Government, as employer, in respect of that person under section 11(4) of the Mandatory Provident Fund Schemes Ordinance (Cap. 485), together with the income, profits or losses arising from any investment of those sums and of such income or profits; or (Amended 6 of 2009 s. 25) (b)whose contract of service as a member of the Service has expired on or after the person reached 55 years of age without the contract being renewed; function (職能) includes a power, an authority and a duty; Fund (基金) means the Immigration Service Welfare Fund continued by section 16A; member of the Service (事務隊成員) means the holder of a rank specified in Schedule 1; this Part (本部) includes regulations made under section 22(a).The Director is constituted as a corporation sole for the purposes of this Part with the corporate name of “Director of Immigration Incorporated”.
The corporation—
has perpetual succession; and
for the purposes of this Part, may acquire, hold and dispose of real and personal property; and
may take legal proceedings and be proceeded against in its corporate name; and
is required to have a corporate seal; and
for the purposes of this Part, has the capacity to do and be subjected to all other things that bodies corporate may, by law, do and be subjected to.
A document requiring authentication by the corporation is sufficiently authenticated if it is signed by the Director or by any member of the Service authorized to do so by the Director.
The affixing of the corporate seal to a document executed by the corporation is not valid unless authenticated by the Director or a member of the Service designated for the purpose by the Director.
The corporation is not a trustee for the beneficiaries, but, subject to subsection (6), nothing in this Part limits a right conferred by law to bring legal proceedings against the corporation for a contravention of this Part or a failure to perform a duty imposed by this Part.
Neither the Director nor any delegate of the corporation is personally liable in any legal proceedings arising out of an act done or omitted to be done in relation to the Fund if the act was done or omitted to be done in good faith for the purpose of giving effect to this Part.
The fund called the “Immigration Service Welfare Fund” in English and “入境事務隊福利基金” (formerly “人民入境管理隊福利基金”) in Chinese is continued by this section.
The Fund and the property derived from the application of the Fund are vested in the corporation.
The Fund consists of the following—
any donations made to the Fund;
proceeds from the sale of souvenirs and the disposal of other property held for the purposes of the Fund;
all fees collected from social, educational and recreational activities organized by or on behalf of the Director for the purposes of the Fund;
money derived from the investment of the Fund;
money accruing as interest on loans made from the Fund;
gifts of money required under the notice from time to time given by the Chief Executive for the purposes of section 3 of the Prevention of Bribery Ordinance (Cap. 201) to be disposed of by being paid into the Fund; (Amended 10 of 2005 s. 218; 26 of 2012 s. 48)
any money voted to the Fund by the Legislative Council;
money held in the Fund immediately before the commencement* of Schedule 4 to the Disciplined Services Welfare Funds Legislation (Amendment) Ordinance 1999 (58 of 1999) and money which was, immediately before that commencement, recoverable for the Fund and which is subsequently paid to, or recovered for, the Fund after that commencement;
money paid or payable to the credit of the Fund from any other lawful source.
Subject to this Part, the principal function of the corporation is to administer the Fund, and the property derived from the application of the Fund, for the benefit of beneficiaries and others as provided by this Part.
The corporation has such ancillary functions as are necessary to enable it to perform its principal function.
The corporation is required—
to act honestly in all matters relating to its principal function; and
to exercise in relation to all matters relating to the administration of the Fund the same degree of care, skill and diligence as an ordinary prudent person would exercise in dealing with property of another person for whom the person felt morally bound to provide; and
to ensure that its functions relating to the Fund are performed or exercised in the best interests of beneficiaries.
The Fund may be used for any of the following purposes—
providing and maintaining amenities for the use and enjoyment of members and former members of the Service;
making payments to the corporation’s employees in respect of their employment;
making payments for the services of the corporation’s agents;
making loans to members and former members of the Service;
granting financial assistance to dependants of deceased persons who, at the time of death, were members or former members of the Service in order to meet the funeral expenses of those deceased persons;
making grants, allowances and gifts to beneficiaries for purposes other than the purpose mentioned in paragraph (e);
making or acquiring souvenirs for sale to beneficiaries and others;
making donations to charitable or community organizations;
paying interest that is payable on loans made to the corporation or the Fund.
The corporation—
may dispose of property derived from the application of the Fund that is, in its opinion, no longer required for the purposes of the Fund; and
may pay from the Fund the expenses incurred in disposing of the property.
Loans to members and former members of the Service may, at the discretion of the corporation, be granted free of interest or subject to the payment of interest.
Whenever the Director considers it appropriate to do so, the Director may permit persons who are not members or former members of the Service to enjoy the use of amenities derived from the application of the Fund. Permission may be granted subject to such conditions as the Director considers appropriate.
The corporation may, whenever appropriate, donate money from the Fund to charitable or community organizations on such terms and conditions as it thinks fit.
The corporation may, for the purposes of this Part—
employ persons under contracts of employment; or
use the services of any staff or facilities of the Service.
The corporation may fix the remuneration and other conditions of employment of its staff.
The corporation may engage and pay agents to transact any business or do any act (including receiving or paying money) that the corporation is authorized or required to do for the purposes of this Part.
The corporation may delegate to a specified member, or the holder of a specified office, in the Service any of its functions, other than this power of delegation.
A delegation under this section may—
be general or limited; and
be revoked, wholly or partly, by the corporation.
A delegated function is to be performed or exercised only in accordance with any conditions to which the delegation is subject.
A delegate may, in the performance or exercise of a function delegated under this section, exercise any other function that is incidental to the delegated function.
A delegated function that is duly performed or exercised by a delegate is taken to have been performed or exercised by the corporation.
If a function is delegated to the holder of a particular office in the Service—
the delegation does not cease to have effect merely because the person who was the holder of the office when the function was delegated ceases to be the holder of that office; and
the function may be exercised, or, in the case of a duty, must be performed, by the person for the time being occupying or acting in the office.
A function that has been delegated may be performed or exercised by the corporation despite the delegation.
The corporation may enter into contracts and other transactions for the purposes of the Fund.
A person who pays money under a contract or other transaction purporting to be entered into under this section has no obligation to see that the money is paid into the Fund.
A person who enters into a contract or other transaction with another person who purports to be a delegate of the corporation has no obligation to be satisfied that the corporation has delegated to the other person the power to enter into the contract or other transaction.
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 at level 1 and to imprisonment for 2 years.
(Amended L.N. 25 of 1996)
Any person who knowingly—
makes or causes to be made to any member of the Service a false report of the commission of any offence; or
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 at level 3 and to imprisonment for 6 months.
(Amended L.N. 25 of 1996)
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 at level 1 and to imprisonment for 6 months.
(Amended L.N. 25 of 1996)
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 at level 1 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.
(Amended L.N. 25 of 1996)
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 at level 1.
(Amended L.N. 25 of 1996)
The Chief Executive in Council may by regulation provide for— (Amended 76 of 1999 s. 3)
the control, administration and investment of the Immigration Service Welfare Fund; (Replaced 20 of 1966 s. 4)
such other matters as may be necessary or expedient for rendering the Service efficient in the discharge of its duties;
the better carrying into effect of the provisions of this Ordinance.
The provisions of section 102 of the Criminal Procedure Ordinance (Cap. 221) 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.
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 Public Service (Administration) Order, so far as they are applicable, or the government regulations, so however that no member of the Service shall be liable to be proceeded against under the Public Service (Administration) Order or government regulations in respect of any act or omission which has been the subject of disciplinary proceedings under the provisions of the said section 8.
(Amended 76 of 1999 s. 3)
Nothing in the provisions of this Ordinance shall be deemed to affect the right of the Central People’s Government to dismiss or terminate the appointment of the Director, or of the Government of Hong Kong Special Administrative Region to dismiss or terminate the appointment of any other member of the Service, and without compensation.
(Amended 76 of 1999 s. 3)
The Chief Executive may from time to time by order, which shall be published in the Gazette, amend Schedule 1.
(Added 20 of 1966 s. 5. Amended 53 of 1996 s. 7; 76 of 1999 s. 3)
Director of Immigration
Deputy Director of Immigration
Assistant Director of Immigration
Senior Principal Immigration Officer
Principal Immigration Officer
Assistant Principal Immigration Officer
Chief Immigration Officer
Senior Immigration Officer
Immigration Officer
Assistant Immigration Officer
Chief Immigration Assistant
Senior Immigration Assistant
Immigration Assistant
(Replaced L.N. 102 of 1973. Amended L.N. 266 of 1978; 65 of 1989 s. 4; L.N. 351 of 1993; E.R. 5 of 2020)
| Column 1 | Column 2 | Column 3 | ||||
| Item | Enactment | Description of offence | ||||
| 1. | Registration of Persons Ordinance (Cap. 177) | |||||
| section 5 | failure to use registered name and to submit number of identity card | |||||
| section 7A | possession of forged identity cards | |||||
| section 7AA | transfer of identity card | |||||
| section 7B | failure to apply for new identity cards | |||||
| section 12 | unauthorized handling of particulars | |||||
| (Amended 9 of 2003 s. 24; 18 of 2014 s. 163) | ||||||
| 2. | Registration of Persons Regulations (Cap. 177 sub. leg. A) | |||||
| regulation 11(2A) | failure to carry and produce identity card | |||||
| regulation 11A(2) | obstructing public officers in verification of identity | |||||
| regulation 12(1) | making alteration to identity card or documents | |||||
| regulation 12(1A) | tampering with chip in identity card | |||||
| regulation 12(2) | possession of altered identity card or documents | |||||
| regulation 12(2A) | possession of identity card embodying chip tampered with | |||||
| regulation 13A | furnishing false particulars of loss, etc. of identity card | |||||
| regulation 19 | miscellaneous offences | |||||
| (Amended 9 of 2003 s. 24) | ||||||
| 3. | Crimes Ordinance (Cap. 200) | |||||
| section 32 | false statements on oath made otherwise than in a judicial proceeding | |||||
| section 34 | false statements, etc. with reference to marriage | |||||
| section 35 | false statements, etc. as to births or deaths | |||||
| section 36 | false statutory declarations and other false statements without oath | |||||
| section 38 | aiders, abettors, suborners, etc. regarding commission of offences relating to perjury, etc. | |||||
| section 40 | using false affidavits | |||||
| section 71 | forgery | |||||
| section 72 | copying a false instrument | |||||
| section 73 | using a false instrument | |||||
| section 74 | using a copy of a false instrument | |||||
| section 75 | possessing a false instrument | |||||
| section 76 | making or possessing equipment for making a false instrument | |||||
| section 88 | making false entry in register of births, etc. | |||||
| section 89 | making false entry in copy of register sent to registrar | |||||
| section 93 | aiders and abettors regarding commission of offences relating to false certification and personation, etc. | |||||
| 4. | United Nations (Anti-Terrorism Measures) Ordinance (Cap. 575) | |||||
| section 14(1A) | dealing with certain property in contravention of section 8A of that Ordinance | |||||
| section 14(4A) | doing certain acts in contravention of section 11K, 11L or 11M of that Ordinance | |||||
| (Added 14 of 2018 s. 13) | ||||||
| Column 1 | Column 2 | Column 3 | ||||
| Item | Enactment | Description of offence | ||||
| 1. | Births and Deaths Registration Ordinance (Cap. 174) | |||||
| section 21(3) | obstruction, etc. to inquiry of correctness of death certificate | |||||
| section 28 | breach or infringement of any provisions of the Births and Deaths Registration Ordinance (Cap. 174) | |||||
| 2. | Births Registration (Special Registers) Ordinance (Cap. 175) | |||||
| section 10(1) | loss or injury of special register of births, etc. | |||||
| section 10(2) | tampering with database, etc. | |||||
| (Amended 8 of 2006 s. 51) | ||||||
| 3. | Deaths Registration (Special Registers) Ordinance (Cap. 176) | |||||
| section 10(1) | loss or injury of special register of deaths, etc. | |||||
| section 10(2) | tampering with database, etc. | |||||
| (Amended 8 of 2006 s. 51) | ||||||
| 4. | Marriage Reform Ordinance (Cap. 178) | |||||
| section 10(2) | failure to comply with a summons or requirement issued or made for purposes of determination of application for registration of customary marriage or validated marriage | |||||
| section 23 | removal, etc. of records | |||||
| 5. | Marriage Ordinance (Cap. 181) | |||||
| section 29 | marrying, etc. minor without consent of proper person | |||||
| section 30 | offences by minister | |||||
| section 31(1) or (2) | failure to transmit certificate | |||||
| section 31A(1) | failure by civil celebrant to return notice of appointment, etc. upon cancellation or suspension of appointment | |||||
| section 31A(2) | failure by civil celebrant to provide information | |||||
| section 31A(3) | failure by civil celebrant to notify cessation of compliance with appointment criteria | |||||
| section 31A(4) | failure by civil celebrant to forward certificate of the Registrar to parties | |||||
| section 32 | removing, etc. record | |||||
| section 33 | unauthorized person celebrating marriage | |||||
| section 33A(1) | providing false information in relation to appointment of civil celebrant | |||||
| section 33B | false advertisement or representation as regards status of civil celebrant | |||||
| section 39(3) | failure to comply with conditions of celebration of marriage in articulo mortis, etc. | |||||
| section 39(4) | failure by minister to transmit certificate of marriage in articulo mortis | |||||
| (Amended 23 of 2005 s. 27) | ||||||
| 6. | Offences against the Person Ordinance (Cap. 212) | |||||
| section 45 | bigamy | |||||
| Any description of an offence is included for ease of reference only. | ||||||
(Added 53 of 1996 s. 9)