Cap. 115 《入境條例》Immigration Ordinance

In this Ordinance, unless the context otherwise requires—

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in Hong Kong unlawfully are references to landing in or entering Hong Kong in contravention of this Ordinance, the repealed Immigration (Control and Offences) Ordinance or the repealed Immigrants Control Ordinance, and for the avoidance of doubt it is hereby declared that no person shall be held not to have landed unlawfully—

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

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

Subsection (4)(a) does not apply to a person—

For the purposes of this Ordinance, a person does not cease to be ordinarily resident in Hong Kong if he is temporarily absent from Hong Kong. The circumstances of the person and the absence are relevant in determining whether a person has ceased to be ordinarily resident in Hong Kong. The circumstances may include—

A Hong Kong permanent resident enjoys the right of abode in Hong Kong, that is to say he has, subject to section 2AA(2), the right— (Amended 124 of 1997 s. 3)

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order was made prior to 1 July 1987 enjoys the right of abode in Hong Kong unless the deportation order has expired or been revoked.

Subject to subsections (2) and (3), any person who—

have the right—

If a deportation order is made against a person who has the right to land in Hong Kong under subsection (1), the right shall cease while the deportation order is in force.

For the avoidance of doubt, it is declared that a holder of a permanent identity card defined in section 1A of the Registration of Persons Ordinance (Cap. 177) whose permanent identity card could have been declared invalid under regulation 3D(1) of the Registration of Persons Regulations (Cap. 177 sub. leg. A) on the ground that he has never had the right of abode in Hong Kong shall not have the right to land in Hong Kong under subsection (1). (Amended E.R. 2 of 2018)

A person’s status as a permanent resident of the Hong Kong Special Administrative Region under paragraph 2(c) of Schedule 1 can only be established by his holding of—

A person’s right of abode in Hong Kong by virtue of his being a permanent resident of the Hong Kong Special Administrative Region under paragraph 2(c) of Schedule 1 can only be exercised upon the establishment of his status as such a permanent resident in accordance with subsection (1) and, accordingly, where his status as such a permanent resident is not so established, he shall, for the purposes of this Ordinance, be regarded as not enjoying the right of abode in Hong Kong.

Any person who—

may apply to the Director for a certificate of entitlement.

An application under subsection (1)—

An application under subsection (1) which is not made in accordance with subsection (2)(a) and accompanied by the prescribed fee, if any, shall not be accepted.

(Repealed 17 of 2001 s. 2)

For the removal of doubt, it is hereby declared that the making of an application under subsection (1) does not give the applicant the right of abode or right to land or remain in Hong Kong pending the decision of the Director on the application.

Upon receipt of an application under subsection (1), the Director acting through an immigration officer authorized by him shall—

Where the Director in processing an application made under subsection (1) is not otherwise satisfied that the applicant is born of a person of whom the applicant claims to be born, the Director—

The Director may draw any inference from the failure of—

to undergo a genetic test referred to in subsection (7)(a) as he considers proper and determine the application accordingly. (Added 17 of 2001 s. 2)

Where the Director requests a person to undergo a genetic test under subsection (7)(a), he shall inform the person of the provision of subsection (8). (Added 17 of 2001 s. 2)

The Director may charge a fee for a genetic test referred to in subsection (7)(a). (Added 17 of 2001 s. 2)

The Director may, with the approval of the Financial Secretary, specify the amount of the fee charged under subsection (10) by notice published in the Gazette. (Added 17 of 2001 s. 2)

A notice under subsection (2)(a), (7)(a) or (11) is not subsidiary legislation. (Added 17 of 2001 s. 2)

If a certificate of entitlement issued to a person is lost or destroyed, he may apply to the Director for a certified duplicate of the certificate.

An application under subsection (1)—

An application under subsection (1) which is not made in accordance with subsection (2)(a) and accompanied by the prescribed fee, if any, shall not be accepted.

A notice under subsection (2)(a) is not subsidiary legislation.

For the removal of doubt, it is hereby declared that the making of an application under subsection (1) does not give the applicant the right of abode or right to land or remain in Hong Kong pending the decision of the Director on the application.

Upon receipt of an application under subsection (1), the Director acting through an immigration officer authorized by him shall—

Where a certified duplicate issued to a person is lost or destroyed—

Any applicant for a certificate of entitlement who is aggrieved by a decision of the Director not to issue the certificate may appeal against the decision to the Tribunal in a form specified by the Director within 90 days from the receipt of the notice given under section 2AB(6)(b)(ii).

Any applicant for a certified duplicate of a certificate of entitlement who is aggrieved by a decision of the Director not to issue the duplicate may appeal against the decision to the Tribunal in a form specified by the Director within 90 days from the receipt of the notice given under section 2AC(6)(b)(ii).

No appeal shall be lodged under subsection (1) or (2) at any time at which the appellant is in Hong Kong.

Notwithstanding subsection (1) or (2), the Tribunal may accept an appeal that is not lodged within the time limit prescribed in that subsection.

On an appeal lodged under subsection (1)—

On an appeal lodged under subsection (2)—

The decision of the Tribunal under subsection (5) or (6) shall be final.

Where the Tribunal allows an appeal under subsection (5)(a) or (6)(a), the Director shall issue a certificate of entitlement or certified duplicate of a certificate of entitlement, as the case may require, to the appellant in such form and such manner as the Director may determine.

For the removal of doubt, it is hereby declared that the lodging of an appeal under subsection (1) or (2) does not give the appellant the right of abode or right to land or remain in Hong Kong pending the decision of the Tribunal on the appeal.

Any person who—

shall be guilty of an offence and shall be liable on conviction to a fine of $500,000 and to imprisonment for 2 years.

The fact that the receipt of any payment, benefit, advantage or reward by a person is an offence under subsection (1) shall not prevent the recovery of any such payment, benefit, advantage or reward from any person.

Subsection (1) shall not apply to any solicitor or barrister acting in the course of his practice.

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

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

but a requirement under this subsection shall cease to have effect if the captain is required by or under any other Ordinance to move the ship to another place.

Except with the permission of the Director, no person other than a pilot or health officer in the course of his duty shall—

until the immigration examination signal is lowered.

Except with the permission of the Director, nothing shall be removed from or taken or placed on board a ship which has arrived in Hong Kong until the immigration examination signal is lowered.

The captain of an aircraft arriving in Hong Kong shall not land the aircraft except at an approved landing place.

The Director of Immigration may exempt from subsection (1) the captains of such ships, or of ships of such class or description as he thinks fit.

For the purposes of this Ordinance, an immigration officer or immigration assistant may—

and a person who is so examined may be required by an immigration officer or immigration assistant to submit to further examination. (Amended 75 of 1981 s. 3)

A person who satisfies an immigration officer or immigration assistant that he is a serviceman shall not be examined further under subsection (1)(a) on his arrival in or prior to his departure from Hong Kong.

For the purposes of this Ordinance, the Director may provide automated means—

Subsection (1) applies to a person who—

Any permission to land given by an automated means provided under section 4A shall be deemed to be permission to land given under section 11(1), and the other provisions of section 11 shall apply accordingly.

Any limit of stay and other conditions of stay imposed on a person by such an automated means shall be deemed to be a limit of stay and other conditions of stay imposed under section 11(2), and the other provisions of section 11 shall apply accordingly.

The Director may require—

to produce in such manner as the Director may specify for examination under section 4(1)(a) and verification of identity by an automated means provided under section 4A— (Amended 6 of 2005 s. 3)

A requirement under subsection (1)—

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

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

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

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

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

An immigration officer or immigration assistant may give such directions as he considers necessary for preventing any person from evading examination under section 4(1). (Amended 57 of 1972 s. 3)

The Director of Immigration may exempt from subsection (4)(a), (4)(b), (5)(a)(ii) or (5)(b)(ii) any person or any class or description of persons. (Amended 21 of 1987 s. 2)

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

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

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

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

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

The Secretary for Security may make regulations—

Without limiting subsection (1), regulations made under this section may—

Regulations made under this section may—

Regulations made under this section may provide that a contravention of a regulation (including a contravention in relation to any act, matter or omission that is done or happens wholly or partly outside Hong Kong) is an offence punishable by a fine not exceeding level 6.

In this section—

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

A person who was born in Hong Kong but who does not enjoy the right of abode in Hong Kong, or does not have the right to land in Hong Kong by virtue of section 2AAA, may not remain in Hong Kong without the permission of an immigration officer or immigration assistant. (Added 79 of 1982 s. 5. Amended 31 of 1987 s. 6; 88 of 1997 s. 3; 28 of 1998 s. 2(2))

Where a person who does not enjoy the right of abode in Hong Kong, or does not have the right to land in Hong Kong by virtue of section 2AAA, arrives in Hong Kong as a member of the crew of an aircraft under an engagement requiring him to leave within 7 days on that or another aircraft as a member of its crew, then unless— (Amended 31 of 1987 s. 8; 88 of 1997 s. 5; 28 of 1998 s. 2(2))

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

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

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

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

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

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

For the purposes of this Ordinance, any such serviceman who ceases to be a serviceman shall thereupon, unless he enjoys the right of abode in Hong Kong, or has the right to land in Hong Kong by virtue of section 2AAA, be deemed to be a person seeking to land in Hong Kong; and an immigration officer or immigration assistant may examine him under section 4(1)(a) within 28 days after— (Amended 88 of 1997 s. 6; 28 of 1998 s. 2(2))

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

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

An immigration officer or immigration assistant may, on the examination under section 4(1)(b) of a person who by virtue of section 7(2) may not remain in Hong Kong without the permission of an immigration officer or immigration assistant, give such person permission to remain in Hong Kong but an immigration officer only may refuse him such permission. (Added 79 of 1982 s. 6. Amended 31 of 1987 s. 10)

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

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

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

The Director may at any time by notice in writing to any person other than a person who enjoys the right of abode in Hong Kong, or has the right to land in Hong Kong by virtue of section 2AAA, impose any condition of stay (other than a limit of stay) in respect of such person. (Replaced 57 of 1972 s. 4. Amended 31 of 1987 s. 10; 88 of 1997 s. 7; 28 of 1998 s. 2(2))

An immigration officer or a chief immigration assistant may at any time by notice in writing to any person other than a person who enjoys the right of abode in Hong Kong, or has the right to land in Hong Kong by virtue of section 2AAA— (Amended 31 of 1987 s. 10; 65 of 1989 s. 3; 88 of 1997 s. 7; 28 of 1998 s. 2(2))

The Chief Executive may at any time vary any limit of stay in force in respect of any person by curtailing the period during which such person may remain in Hong Kong, and the Director shall in writing notify such person of any such variation. (Amended 21 of 2024 s. 78)

The Chief Executive may by order applying to all persons or to any class or description of persons, other than persons who enjoy the right of abode in Hong Kong, or have the right to land in Hong Kong by virtue of section 2AAA— (Amended 31 of 1987 s. 10; 88 of 1997 s. 7; 28 of 1998 s. 2(2); 21 of 2024 s. 78)

Whenever a condition of stay is in force in respect of a person, the Director may—

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

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

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

This Part does not apply to or in relation to a person in any case where—

Where, after arriving or landing in Hong Kong, a person is subsequently removed from Hong Kong under this Ordinance or departs Hong Kong voluntarily, this Part shall cease to have any application to or in relation to the person in respect of that arrival or landing or of the period between that arrival or landing and the subsequent removal or departure from Hong Kong and, accordingly, as from the date of that removal or departure—

An immigration officer or a chief immigration assistant may permit any person—

to remain in Hong Kong as a refugee pending his resettlement elsewhere. (Replaced 79 of 1982 s. 7. Amended 65 of 1989 s. 3; 48 of 1992 s. 2)

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

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

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

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

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

(Repealed 48 of 1992 s. 2)

The Secretary for Security may by order designate any place as a refugee centre for the residence of Vietnamese refugees. (Amended 42 of 1982 s. 6; 48 of 1992 s. 5)

The Secretary for Security may make rules providing for the treatment, and control of conduct, of Vietnamese refugees in refugee centres and for the management and security of, and the maintenance of order, discipline, cleanliness and hygiene in, refugee centres, and different rules may be made in respect of different centres. (Replaced 42 of 1982 s. 6)

Without prejudice to the generality of subsection (2), rules made under that subsection may provide for—

(Repealed 48 of 1992 s. 5)

As from 2 July 1982 any resident or former resident of Vietnam who—

may, whether or not he has requested permission to remain in Hong Kong, be detained under the authority of the Director in such detention centre as an immigration officer may specify pending a decision to grant or refuse him permission to remain in Hong Kong or, after a decision to refuse him such permission, pending his removal from Hong Kong, and any child of such a person, whether or not he was born in Hong Kong and whether or not he has requested permission to remain in Hong Kong, may also be so detained, unless that child holds a travel document with such a visa or has been granted an exemption under section 61(2). (Replaced 52 of 1991 s. 2)

Subject to subsections (1AB) and (1AC), where—

for the purposes of detention under subsection (1), pending removal (等候遣離) includes awaiting a response to the request from the Government of Vietnam. (Added 33 of 1996 s. 2)

For the avoidance of doubt, nothing in subsection (1AA) shall be interpreted as giving authority to the Director under subsection (1) to detain a person for a purpose other than pending his removal from Hong Kong. (Added 33 of 1996 s. 2)

For the further avoidance of doubt, nothing in subsection (1AA) shall prevent a court, in applying subsection (1A), from determining that a person has been detained for an unreasonable period. (Added 33 of 1996 s. 2)

The detention of a person under this section shall not be unlawful by reason of the period of the detention if that period is reasonable having regard to all the circumstances affecting that person’s detention, including—

The detention of a person under this section pending a decision under section 13A(1) to grant or refuse him permission to remain in Hong Kong as a refugee shall not be unlawful by reason that other persons (who may or may not have arrived in Hong Kong after the detainee) who were detained pending decisions under section 13A(1) to grant or refuse them such permission were granted or refused such permission within periods shorter than the period of the person’s detention. (Added 52 of 1991 s. 2)

Where a judge has ordered the release of a person detained under this section in proceedings for habeas corpus, the Director may, with the consent of the person so released, require him to enter into a recognizance under section 36(1) as though he were being detained under section 32. (Added 33 of 1996 s. 2)

Every person detained under this section shall be permitted all reasonable facilities to enable him to obtain any authorization required for entry to a country or territory, or a place outside Hong Kong, or, whether or not he has obtained such authorization, to leave Hong Kong. (Amended 31 of 2025 s. 23)

Where a person is detained under subsection (1) after a decision under section 13A(1) to refuse him permission to remain in Hong Kong as a refugee, such person as the Director may authorize for the purpose shall serve on the detained person a notice in such form as the Director may specify notifying him of his right to apply for a review under section 13F(1). (Added 23 of 1989 s. 3. Amended 52 of 1991 s. 2)

Notice under subsection (3) may be served—

For the avoidance of doubt, it is hereby declared that any person detained under subsection (1) in any place may, under the authority of the Director of Immigration, be transferred from that place and detained in any other place or places specified by the Director of Immigration. (Added 52 of 1991 s. 2)

Notwithstanding subsection (5), a person detained under subsection (1) in a detention centre shall not be transferred from that detention centre to another detention centre on the ground that his transfer is necessary in the interests of order or good management in the first mentioned detention centre unless the Director of Immigration has—

A certificate purporting to be signed by the Director of Immigration stating that the transfer, from one detention centre to another, of a person detained under subsection (1) is necessary in the interests of order or good management in the detention centre in which the person is detained shall be admitted in evidence in any proceedings on its production without further proof and, until the contrary is proved, shall be presumed to have been signed by the Director of Immigration. (Added 52 of 1991 s. 2)

If, before 31 May 1991, any person detained under subsection (1) in any place was, under the authority of any public officer other than the Director of Immigration, transferred from that place and detained in any other place specified by that public officer, the Director of Immigration shall be deemed to have delegated that public officer to exercise on his behalf the powers conferred on him in that respect. (Added 52 of 1991 s. 2)

If—

the person may appeal against the transfer to the officer appointed by the Secretary for Security under section 13H(2) to have control and management of the detention centre from which he is transferred (the relevant officer).

A person who wishes to appeal under subsection (1) shall serve written notice of appeal, stating his grounds of appeal and the facts upon which he relies, upon the superintendent of the detention centre to which he is transferred, within 48 hours after his transfer to that detention centre; but such notice shall not preclude the person from raising other facts prior to the determination of his appeal by the relevant officer and relying upon those facts.

An appeal under subsection (1) shall be considered by the relevant officer, who may confirm, vary or cancel the transfer.

A decision of the relevant officer under subsection (3) shall be final.

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

An immigration officer or a chief immigration assistant may remove from Hong Kong in accordance with section 24 any person ordered to be removed from Hong Kong under subsection (1). (Amended 65 of 1989 s. 3)

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

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

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

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

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

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

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

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

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

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

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

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

There shall be Refugee Status Review Boards and there shall be a Chairman, and such number of Deputy Chairmen and members of those Boards as may be appointed by the Chief Executive. (Amended 21 of 2024 s. 78)

Persons appointed by the Chief Executive under subsection (1) may be public officers and shall be appointed for such periods and on such terms as the Chief Executive may determine. (Amended 21 of 2024 s. 78)

The remuneration, if any, of the Chairman, a Deputy Chairman and members of the Boards shall be determined by the Financial Secretary and paid out of moneys appropriated by the Legislative Council for the purpose.

A Board shall be constituted from persons appointed under subsection (1) in such manner as may be prescribed.

The practice and procedure on a review under section 13F, and of a Board, shall be such as shall be prescribed and, without prejudice to the generality of the foregoing and of section 59, regulations under that section may prescribe—

The Secretary for Security may by order designate any place as a detention centre for the detention of persons authorized to be detained there under section 13D.

A detention centre shall be under the control and management of an officer appointed by the Secretary for Security and the officer appointed shall be—

The officer who has been appointed by the Secretary for Security to have control and management of a detention centre may issue such general orders and instructions not inconsistent with this Ordinance or any rules made under this section as are necessary or expedient for the administration of the detention centre under his control.

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

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

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

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

Rules made under subsection (5) may provide that a contravention of any provision thereof shall be an offence and may provide penalties therefor not exceeding a fine at level 2 and imprisonment for 6 months.

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

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

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

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

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

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

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

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

Any such person who is an alien shall also—

The keeper of any premises to which this section applies shall—

An immigration officer, immigration assistant or police officer may inspect at any time the record kept by the keeper of any premises pursuant to subsection (3). (Amended 15 of 1980 s. 10)

Any information required by this section to be given by or to any person may be given by or to any other person acting on his behalf.

This section applies to any premises, whether furnished or unfurnished, where lodging or sleeping accommodation is provided for reward.

In this section—

The Chief Executive in Council may from time to time, by order published in the Gazette, declare that this Part, or any provision of this Part specified in the order— (Amended 21 of 2024 s. 78)

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

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

Subject to subsection (2), in this Part—

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

Every person who—

shall have with him at all times proof of his identity.

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

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

Any person who fails to produce proof of his identity for inspection as required by subsection (2) commits an offence and is liable on conviction to a fine at level 2: (Amended L.N. 25 of 1996) Provided that it shall be a defence in proceedings for an offence under this subsection for the person charged to prove that he had reasonable excuse for failing to produce proof of identity.

Where the Chief Executive authorizes any person or class of persons for the purposes of subsection (2)(c) he may limit the authority of such persons to such area, place or occasion or in such other manner as is specified in the order by which the authority is given. (Amended 21 of 2024 s. 78)

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

A person referred to in section 17C(2)(a), (b) or (c) may arrest without warrant any person who fails to produce for inspection on demand proof of his identity, and in the case of such an arrest by a person referred to in section 17C(2)(a) or (c), the person arrested shall if not released be delivered as soon as reasonably practicable into the custody of the officer in charge of a police station.

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

Where a person is arrested under subsection (1) otherwise than by an immigration officer or immigration assistant and it appears to the officer in charge of a police station that he may have landed in Hong Kong unlawfully, or have intended or attempted so to do, or is contravening or has contravened a condition of stay in respect of him, he shall be taken as soon as is reasonably practicable to an immigration officer or immigration assistant for examination under section 17E. (Amended 75 of 1981 s. 4)

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

he shall be released forthwith unless he may be held in lawful custody for some other reason.

The Chief Executive in Council may from time to time, by order published in the Gazette, declare that this Part, or any provision of this Part specified in the order— (Amended 21 of 2024 s. 78)

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

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

In this Part—

Without prejudice to any provision of this Ordinance relating to conditions of stay which may be imposed on any person, a person is lawfully employable for the purposes of this Part only if—

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

A requirement may be made under subsection (1)—

Where an employee fails—

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

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

Any person who is the employer of an employee who is not lawfully employable commits an offence and is liable on conviction on indictment— (Amended 75 of 1990 s. 2; L.N. 25 of 1996; 7 of 2021 s. 4)

It is a defence in proceedings for an offence under this section for the person charged to prove that all practicable steps were taken to determine whether the employee in respect of whom the offence is alleged to have been committed was lawfully employable and that it was reasonable to conclude that the employee was lawfully employable. (Added 75 of 1990 s. 2)

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

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

Where a person is charged with an offence under this section a certificate purporting to be signed by the Director and certifying that the employee in respect of whom the offence is alleged to have been committed was, at the date of the alleged offence, not lawfully employable, shall be admitted in evidence on its production without further proof and, until evidence to the contrary is adduced, it shall be presumed— (Amended 48 of 1992 s. 6)

If—

the director, manager, secretary or other similar officer also commits the offence. (Added 7 of 2021 s. 4)

If—

the other partner or the other person concerned in the management of the partnership also commits the offence. (Added 7 of 2021 s. 4)

In this section—

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

Any person who contravenes subsection (1) commits an offence and is liable to a fine of $150,000 and to imprisonment for 1 year. (Amended L.N. 25 of 1996)

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

Where an employee to whom subsection (1) applies—

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

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

Every employer shall keep at the place of employment of each of his employees a record of—

Every employer shall, where he employs more than 10 employees at any one place of employment, keep at that place the records of those employees in the form of a list of the names and particulars of those employees required under subsection (1).

Every employer shall keep the record of each employee and every list required to be kept under subsection (2)—

A person employed as a senior labour inspector or labour inspector in the Labour Department shall, if in uniform or upon production of his authority if required, have authority to enter any premises or place where he has reasonable cause to believe that persons are in employment, other than such premises or place as are principally used for dwelling purposes, and— (Amended 39 of 1997 s. 50)

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

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

A person employed as a senior labour inspector or labour inspector in the Labour Department may, by notice in writing served on an employer, require the employer to produce to him for inspection any record or list which an employer is required to keep under section 17K before the expiry of such time being not less than 72 hours as shall be specified in the notice. (Amended 39 of 1997 s. 50)

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

Any person who—

commits an offence and is liable to a fine at level 5.

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

Any person who obstructs any public officer in the execution of his duty under this Part commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months: Provided that it shall be a defence in proceedings for an offence under this subsection for the person charged to prove that he did not act unreasonably having regard to all the circumstances of the offence charged.

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

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

(Omitted as expired—E.R. 1 of 2013)

(Omitted as spent—E.R. 1 of 2013)

A removal order may be made against a person requiring him to leave Hong Kong—

(Repealed 31 of 1987 s. 16)

(Repealed 88 of 1997 s. 9)

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

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

The Chief Executive may make a deportation order against an immigrant if— (Amended 78 of 1982 s. 6; 31 of 1987 s. 17; 88 of 1997 s. 10; 21 of 2024 s. 78)

(Repealed 88 of 1997 s. 10)

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

(Repealed 31 of 1987 s. 17)

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

For the purposes of this section, the question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any Ordinance restricting the imprisonment of young offenders. (Amended 88 of 1997 s. 10)

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

A person in respect of whom directions are given under subsection (1) may be placed under the authority of an immigration officer or immigration assistant on board any ship or aircraft in which he is to be removed in accordance with the directions. (Amended 57 of 1972 s. 6)

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

A person may be removed from Hong Kong under section 18 or 13E by land to a specified place; and for that purpose may be taken in the custody of an immigration officer, immigration assistant or police officer to the place at which he is to be removed. (Amended 57 of 1972 s. 6; 42 of 1982 s. 8; 31 of 2025 s. 24)

Subject to section 25(5) and (5A), the expenses of or incidental to the removal from Hong Kong of a person who is removed in accordance with directions under subsection (1)(d) shall be met from moneys provided by the Legislative Council, but save as aforesaid the expenses of or incidental to the removal from Hong Kong of a person who is removed in accordance with directions under subsection (1) shall be met by the owners of the ship or aircraft. (Amended 31 of 1984 s. 9)

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

The Director may give directions—

A person in respect of whom directions are given under subsection (2) may be placed under the authority of an immigration officer, immigration assistant or police officer on board any ship or aircraft in which he is to be removed in accordance with the directions. (Amended 57 of 1972 s. 7)

A person in respect of whom a removal order or a deportation order is in force may be removed by land to a specified place, and for that purpose may be taken in the custody of an immigration officer, immigration assistant or police officer to the place at which he is to be removed. (Amended 57 of 1972 s. 7; 31 of 2025 s. 25)

The Chief Secretary for Administration may apply in or towards payment of the expenses of or incidental to— (Amended L.N. 362 of 1997)

any money belonging to that person; and except so far as they are paid as aforesaid the expenses of or incidental to the removal from Hong Kong of a person in respect of whom a removal order or a deportation order is in force shall be met from moneys provided by the Legislative Council.

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

Without prejudice to subsection (5) or (5A), the Chief Secretary for Administration may require any person to whom subsection (5)(a) applies to use for the purposes of the voyage from Hong Kong any aeroplane or ship ticket or voucher issued in respect of that person. (Added 52 of 1976 s. 2. Amended 31 of 1984 s. 10; L.N. 362 of 1997)

If it appears to the Secretary for Security—

he may issue a warrant in the prescribed form authorizing the detention of such person for a period of 14 days.

If it appears to the Secretary for Security that it is desirable that a person detained under a detention warrant should be further detained—

the Secretary for Security may issue not more than 2 further warrants in the prescribed form authorizing the detention of such person for a further period of 7 days in each case. (Amended 48 of 1992 s. 9)

Any police officer may arrest a person in respect of whom a detention warrant is in force.

The Secretary for Security may at any time direct that a person detained under a detention warrant be released.

If—

the Chief Executive may issue a warrant in the prescribed form authorizing the detention of such person for a period of 14 days.

If it appears to the Chief Executive that a person detained under a warrant issued under subsection (1) or this subsection should be further detained for such purpose, he may issue not more than 2 further warrants in the prescribed form authorizing the detention of such person for a further period of 7 days in each case. (Amended 48 of 1992 s. 10)

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

A person who is to be removed from Hong Kong under section 18 or 13E— (Amended 42 of 1982 s. 8)

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

A person may be detained under the authority of the Secretary for Security—

A person may be detained pending the decision of the Director of Immigration, the Deputy Director of Immigration or any assistant director of immigration as to whether or not a removal order should be made under section 19(1)(b) in respect of that person— (Amended 8 of 1998 s. 4)

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

A person in respect of whom a removal order under section 19(1)(b) is in force may be detained under the authority of the Director of Immigration, the Deputy Director of Immigration or any assistant director of immigration pending his removal from Hong Kong under section 25. (Added 62 of 1980 s. 6. Amended 8 of 1998 s. 4)

Subject to subsections (3C) and (3D), where—

For the avoidance of doubt, nothing in subsection (3B) shall be interpreted as giving authority under subsection (1), (3) or (3A) to detain a person for a purpose other than pending his removal from Hong Kong. (Added 8 of 1998 s. 3)

For the further avoidance of doubt, nothing in subsection (3B) shall prevent a court, in applying subsection (4A), from determining that a person has been detained for an unreasonable period. (Added 8 of 1998 s. 3)

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

for the purpose of giving evidence at the trial of any offence or of facilitating inquiries into any offence or suspected offence. (Added 42 of 1979 s. 3)

The detention of a person under this section shall not be unlawful by reason of the period of the detention if that period is reasonable having regard to all the circumstances that justify its length, including, in the case of a person being detained pending removal from Hong Kong— (Added 8 of 1998 s. 3. Amended 7 of 2021 s. 5)

The captain of a ship or aircraft shall, if so required by an immigration officer, immigration assistant or police officer, take such steps as may be necessary for preventing— (Amended 57 of 1972 s. 8)

from landing from the ship or aircraft before it leaves Hong Kong.

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

Save as otherwise provided in this Ordinance, persons required or authorized to be detained by or under this Ordinance may be detained in such places as the Secretary for Security may by order direct; and the Chief Executive may by order provide for the treatment of persons so detained. (Amended 15 of 1980 s. 6; 21 of 2024 s. 78)

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

may be detained in such other place as he may specify, and—

may be detained in such place.

Without prejudice to any other Ordinance—

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

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

shall be deemed to be in lawful custody. (Amended 57 of 1972 s. 9; 42 of 1982 s. 9)

An immigration officer and any police officer may require a person—

to enter into a recognizance in the prescribed form in such amount, with such number of sureties and subject to such conditions as the immigration officer or police officer may reasonably require or impose; and where a person who is so detained enters into such a recognizance he may be released. (Amended 23 of 2012 s. 6)

Without limiting subsection (1), the conditions of a recognizance imposed under that subsection may include a condition that the person must—

An immigration officer or police officer may vary any condition of a recognizance imposed under subsection (1). (Added 23 of 2012 s. 6)

A person may be detained under section 27, 32, 34 or 37ZK notwithstanding that he has entered into a recognizance pursuant to a requirement under subsection (1); and where such person is so detained otherwise than in consequence of or following a breach of the recognizance, the recognizance shall thereupon cease to have effect. (Amended 48 of 1992 s. 11; 88 of 1997 s. 15; 23 of 2012 s. 6)

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

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

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

whichever is the earlier. (Added 52 of 1976 s. 3)

A magistrate may, on application by the Director prior to the expiration of a recognizance entered into pursuant to subsection (3), extend the recognizance for such period not exceeding 6 months as the magistrate thinks fit. (Added 52 of 1976 s. 3)

The Chief Executive in Council may by order declare any class or description of persons, other than persons who enjoy the right of abode in Hong Kong, or have the right to land in Hong Kong by virtue of section 2AAA, to be unauthorized entrants. (Amended 31 of 1987 s. 20; 88 of 1997 s. 16; 28 of 1998 s. 2(2); 21 of 2024 s. 78)

A declaration under subsection (1) may be made subject to such exceptions as are specified in the order.

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

commits an offence and is liable—

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

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

No person shall be convicted of an offence under subsection (1) if he proves that he did not know, had no reason to suspect and could not with reasonable diligence have discovered—

as the case may be.

Any person who assists an unauthorized entrant to remain in Hong Kong commits an offence and shall be liable—

No person shall be convicted of an offence under subsection (1) if he proves that he did not know, had no reason to suspect and could not with reasonable diligence have discovered that the person he assisted was an unauthorized entrant.

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

With the approval in writing of the Secretary for Justice the Director may seize and detain any ship which appears to him to be liable to forfeiture under subsection (1) and within 21 days of any such seizure the Director shall serve notice of the seizure on the owner of the ship: (Amended L.N. 362 of 1997)Provided that where there is more than one owner of a ship it shall be sufficient for the purposes of this subsection to give notice to one of the owners.

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

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

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

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

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

If, on the expiry of the period of time specified in subsection (5) for the giving of a notice of a claim, no such notice has been given in writing to the Director, the ship shall thereupon be deemed to be duly forfeited to the Government. (Amended 21 of 2024 s. 78)

A person has a claim for the purposes of this section and section 37F if—

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

An application under subsection (1) may be made to a magistrate, the District Court or to the Court of First Instance, as the Secretary for Justice thinks fit. (Amended L.N. 362 of 1997; 25 of 1998 s. 2)

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

When an application under subsection (1) is made to the District Court or the Court of First Instance, it shall be made and proceeded with, and may be withdrawn, in accordance with rules of court, and may be begun by motion. (Amended 25 of 1998 s. 2)

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

and the court is satisfied that the ship is liable to forfeiture, the court shall order that the ship be forfeited to the Government. (Amended 21 of 2024 s. 78)

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

it shall order that the ship be forfeited to the Government unless that person satisfies the court that it is just and equitable in all the circumstances— (Amended 21 of 2024 s. 78)

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

If any sum ordered to be paid under subsection (7) is not paid to the Director within 1 month of the date of the order, then the ship shall thereupon be deemed to be duly forfeited to the Government without prejudice to any order for the payment of any sum under subsection (7)(a), which may be recovered as a civil debt due to the Government. (Amended 21 of 2024 s. 78)

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

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

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

Where any ship or other property is seized under this Part and subsequently released to the owner, whether on the order of a court or otherwise, the owner or person in lawful possession may within 6 months of such release apply to the District Court or the Court of First Instance for compensation for any loss arising out of the seizure, which shall be recoverable as a civil debt due from the Government, and such application may be begun by motion. (Amended 25 of 1998 s. 2)

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

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

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

the contrary shall be presumed.

For the purposes of this section Hong Kong is the first port of call of a ship if—

If in any proceedings under this Part a person is alleged to be, and there are reasonable grounds for believing that such person may be, an unauthorized entrant, that person shall be presumed to be such in the absence of evidence to the contrary. (Replaced 48 of 1992 s. 12)

Where a person is charged with an offence under this Part as being, and there are reasonable grounds for believing that such person may be—

that person shall be presumed to be such owner, agent or member, as the case may be, in the absence of evidence to the contrary. (Replaced 82 of 1993 s. 9)

Subject to subsection (2), a person who—

shall be guilty of an offence and shall be liable on conviction to a fine at level 4 and to imprisonment for 3 years. (Amended 75 of 1990 s. 3; L.N. 25 of 1996)

A person may land in Hong Kong, without the permission of an immigration officer or immigration assistant, for the purpose of examination under section 4(1)(a) or for the purpose of verification of identity by an automated means provided under section 4A in accordance with arrangements in that behalf approved by the Director, and if he submits himself forthwith to such examination or verification of identity shall be deemed for the purposes of subsection (1) not to have landed unless and until permission to land is granted to him. (Amended 15 of 1980 s. 10; 6 of 2005 s. 4)

The Chief Executive may by order provide that subsection (1) shall not apply to an immigrant who lands from a ship or aircraft in such circumstances as may be specified in the order. (Amended 21 of 2024 s. 78)

If a person lands from a ship in contravention of subsection (1)(a)—

shall be guilty of an offence and shall be liable—

unless he proves that all reasonable steps had been taken to ensure that persons did not land from the ship in contravention of subsection (1).

A person—

must not take any employment, whether paid or unpaid, or establish or join in any business. (Amended 7 of 2021 s. 23)

Subsection (1) does not apply to a person if the person has the Director’s permission under section 37ZX to take employment or establish or join in a business. (Added 23 of 2012 s. 8)

A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 years.

(Added 13 of 2009 s.5)

In this section—

Where it is proved that a person to whom section 38(1) applies was on a construction site, the construction site controller of that construction site commits an offence and is liable to a fine of $350,000. (Amended L.N. 25 of 1996)

It is a defence in proceedings for an offence under subsection (2) for the person charged to prove that he took all practicable steps to prevent persons to whom section 38(1) applies from being on the construction site. (Amended 6 of 1999 s. 3)

Where it is proved that a person, who is not lawfully employable by virtue of section 17G(2), has committed an offence under section 41 by taking employment on a construction site, the construction site controller of that construction site commits an offence and is liable to a fine of $350,000. (Added 6 of 1999 s. 3)

It is a defence in proceedings for an offence under subsection (4) for the construction site controller charged to prove that he took all practicable steps to prevent persons who are not lawfully employable from taking employment on the construction site. (Added 6 of 1999 s. 3)

Where a construction site controller is charged with an offence under subsection (4), a certificate purporting to be signed by the Director and certifying that the person concerned who has committed an offence under section 41 by taking employment on a construction site was, at the date of the alleged offence, not lawfully employable, shall be admitted in evidence on its production without further proof and, until evidence to the contrary is adduced, it shall be presumed—

Section 17G shall apply to this section as it applies to Part IVB. (Added 6 of 1999 s. 3)

Any person who makes or causes to be made—

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

Any person who—

shall be guilty of an offence. (Amended 23 of 2012 s. 9)

A travel document, certificate of entitlement, entry permit, re-entry permit, certificate of identity, document of identity, APEC business travel card, travel pass or Vietnamese refugee card shall be deemed to be unlawfully obtained for the purposes of this section if any person made a false statement or representation for the purposes of or in connection with an application for the issue or renewal of the same.

Any person who is guilty of an offence under this section shall be liable—

Subject to subsection (2), if—

he shall be guilty of an offence and shall be liable—

A person who has not been given notice—

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

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

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

An application may at any time be made by the Secretary for Justice to a magistrate in the prescribed form, or in accordance with rules of court to the District Court or the Court of First Instance by motion, for forfeiture under subsection (2) of any property other than a ship or vehicle. (Amended L.N. 362 of 1997; 25 of 1998 s. 2)

If in the course of a prosecution for an offence under section 38(1) or under section 90(1) of the Criminal Procedure Ordinance (Cap. 221) where the arrestable offence which a person has committed is an offence under section 38(1), or of the hearing of an application made under subsection (1) by the Secretary for Justice for forfeiture under this section, it appears to the court that any property other than a ship or vehicle— (Amended L.N. 362 of 1997)

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

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

A court, in the course of a prosecution under this Ordinance, or of the hearing of any application by the Secretary for Justice for forfeiture under this Ordinance, may of its own motion or upon application by the Secretary for Justice, by written notice to any person in possession or control of money or property that may be forfeited, direct that such person shall not dispose of or otherwise deal with the property specified in the notice without the consent of the court. (Amended L.N. 362 of 1997)

A person who disposes of, or otherwise deals with property specified in a notice under subsection (1) other than in accordance with the consent of the court shall be guilty of an offence and liable to a fine at level 5 or the value of the property disposed of or otherwise dealt with, whichever is the greater, and to imprisonment for 3 years. (Amended L.N. 25 of 1996)

Where the captain of a ship is guilty of an offence under section 38(4) or 39, the ship shall be liable to forfeiture, whether or not the captain is convicted in respect of such offence. (Amended 42 of 1979 s. 4)

Any vehicle which has been used in the commission of—

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

Within 21 days of the seizure of any ship or vehicle which appears to him to be liable to forfeiture under subsection (1) or (2), the Director may serve notice of such seizure on the owner of the ship or vehicle: Provided that where there is more than one owner of a ship or vehicle it shall be sufficient for the purposes of this subsection to give notice to one of the owners.

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

Within 7 days after the service under subsection (3) of a notice of seizure, notice of the seizure of the ship or vehicle shall be published—

Where a notice of seizure has been served under subsection (3), any person who has a claim (hereinafter referred to as the claimant) may within 30 days after—

give notice in writing to the Director that he claims that the ship or vehicle is not liable to forfeiture.

If, on the expiry of the appropriate period of time specified in subsection (6) for the giving of a notice of claim, no such notice has been given in writing to the Director, the ship or vehicle shall be forfeited forthwith to the Government. (Amended 21 of 2024 s. 78)

A person has a claim for the purposes of this section and section 48 if—

Where a notice of claim is given under section 47(6), the Director shall apply in the prescribed form to a magistrate for the forfeiture of the ship or vehicle and shall state in the application the name and address of the claimant as specified in the notice of claim.

When any such application is made to a magistrate, the magistrate shall issue a summons in the prescribed form to the claimant, requiring him to appear before a magistrate on the hearing of the application, and shall cause a copy of the summons to be served on the Director.

If, on the hearing of an application under this section—

and the magistrate is satisfied that the ship or vehicle is liable to forfeiture, the magistrate shall order that the ship or vehicle be forfeited to the Government. (Amended 21 of 2024 s. 78)

If, on the hearing of an application under this section—

the magistrate may order that the ship or vehicle be—

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

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

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

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

If a ship or vehicle which has been delivered to a claimant under subsection (1) is not re-delivered to the Director before the date of hearing of the application under section 48, the magistrate hearing the application may, in lieu of ordering that the ship or vehicle be forfeited to the Government, order that the money paid into court under subsection (1) be forfeited to the Government. (Amended 21 of 2024 s. 78)

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

The owner of any ship or vehicle forfeited to the Government under section 47 or 48 or his agent or the person by whom money forfeited to the Government under section 49 was paid into court may within 6 weeks after— (Amended 21 of 2024 s. 78)

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

Where the owner of a forfeited ship or vehicle or the person by whom forfeited money was paid into court has given notice in writing to the Director under subsection (1) and has submitted a moral claim to the Chief Executive by lodging it with the Chief Secretary for Administration within 1 month from the date of such notice, the Chief Executive may— (Amended L.N. 362 of 1997; 21 of 2024 s. 78)

The Chief Executive in Council, on considering a claim referred to him under subsection (2), may— (Amended 21 of 2024 s. 78)

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

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

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

Any immigration officer or immigration assistant shall, in the exercise or performance of any powers, functions or duties under this Ordinance, comply with any directions given by the Director of Immigration under subsection (1) in addition to complying with directions given by the Chief Executive under section 51(1). (Amended 57 of 1972 s. 11)

Directions given under subsection (1) shall not be inconsistent with directions given by the Chief Executive under section 51(1).

Subject to subsection (8), any person aggrieved by a decision, act or omission of any public officer taken, done or made in the exercise or performance of any powers, functions or duties under this Ordinance may by notice in writing lodged with the Chief Secretary for Administration within the time prescribed in subsection (2) object to that decision, act or omission. (Amended 62 of 1980 s. 8; L.N. 362 of 1997)

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

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

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

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

Nothing in this section entitles a person to object under this section to any decision, act or omission of the Chief Executive, the Chief Executive in Council or any court or entitles the Chief Executive in Council to review any decision, act or omission of a court.

For the removal of doubt, it is hereby declared that the lodging of an objection does not give the person by whom or on whose behalf it is lodged the right of abode in Hong Kong or right to land or remain in Hong Kong pending the decision on the objection of the Chief Executive or the Chief Executive in Council. (Amended 31 of 1987 s. 21)

No objection shall be made under this section—

A person against whom a removal order has been made by the Director of Immigration, the Deputy Director of Immigration or any assistant director of immigration may appeal to the Tribunal against the removal order on the ground that on the facts of his case— (Amended 8 of 1998 s. 4)

A person who wishes to appeal under subsection (1) shall serve written notice of appeal, stating his grounds of appeal and the facts upon which he relies, upon an immigration officer or immigration assistant, within 24 hours of being notified of the removal order under section 19(5):Provided that such notice shall not preclude such person from raising other facts prior to the determination of his appeal by the Tribunal and relying upon those facts.

Where the Tribunal, upon an examination of—

is satisfied that the facts or matters on which the appellant is seeking to rely are the same or substantially the same facts or matters on which the appellant sought to rely on the appeal to the Registration of Persons Tribunal, it may dismiss the appeal under subsection (1) without a hearing and shall cause written notice of such dismissal to be given or sent by post to the appellant. (Added 31 of 1987 s. 22)

On an appeal under section 53A against a removal order—

The decision of the Tribunal under this section or section 53C shall be final.

The Tribunal shall not allow an appeal on the ground that the appellant enjoys the right of abode in Hong Kong by virtue of being a permanent resident of the Hong Kong Special Administrative Region under paragraph 2(c) of Schedule 1 unless the appellant’s status as such a permanent resident has been established by his holding of—

In any proceedings before the Tribunal, a certificate purporting to be signed by the Director and certifying that a person does not hold a valid certificate of entitlement shall be admitted in evidence without further proof and—

There is hereby established a tribunal to be known as the Immigration Tribunal.

For the purpose of exercising the jurisdiction of the Tribunal, the Chief Executive shall appoint a chief adjudicator, deputy chief adjudicator and such number of other adjudicators as from time to time may be necessary.

The remuneration, if any, of the chief adjudicator, deputy chief adjudicator and other adjudicators shall be determined by the Chief Executive.

The practice and procedure on appeals under section 2AD or 53A, and of the Tribunal shall be such as shall be prescribed, and without prejudice to the generality of the foregoing and of section 59, the following matters may be prescribed and provided for under section 59— (Amended 124 of 1997 s. 8)

The Tribunal and any adjudicator may in the discharge of any function under this Ordinance consult any member of a panel of legal advisers to the Tribunal appointed by the Secretary for Justice. (Amended L.N. 362 of 1997)

The proceedings before the Tribunal may be conducted in the English or Chinese language or both as the Tribunal thinks fit. (Added 51 of 1995 s. 11)

Notwithstanding subsection (3)—

The Chief Executive may suspend the deportation order made against any person on such conditions as he thinks fit, and during the continuance of the suspension the deportation order shall not be in force. (Amended 21 of 2024 s. 78)

The Chief Executive may rescind the suspension of a deportation order, whereupon the deportation order shall again be in force in respect of the person against whom it was made. (Amended 82 of 1993 s. 13; 21 of 2024 s. 78)

Any police officer who has reason to suspect that a person has contravened any condition subject to which the deportation order made against that person is suspended may arrest such person.

If a person who has been arrested under subsection (3) is charged with any offence, he shall be brought before a magistrate within 48 hours after his arrest.

The Chief Executive may rescind the deportation order made against any person, but the rescission of the deportation order shall not affect the power of the Chief Executive to make another such order against that person.

The Chief Executive may, on rescinding the deportation order made against any person, require that person to enter into a recognizance in the prescribed form in such amount and with such sureties as the Chief Executive may specify. (Amended 55 of 1983 s. 3)

A requirement under subsection (2) shall be deemed for the purposes of the provisions of the Magistrates Ordinance (Cap. 227) relating to recognizances to be an order under section 61(1) of that Ordinance.

For the purposes of this Ordinance, an immigration officer or immigration assistant may— (Amended 15 of 1980 s. 8)

For the purposes of this Ordinance, an immigration officer or immigration assistant may— (Amended 31 of 1984 s. 12)

For the purposes of this Ordinance, any public officer may—

No person shall be searched under this section except by a person of the same sex and no person shall be searched under this section in a public place if he objects to being so searched. (Amended 67 of 1995 s. 91(2))

Where a document is detained under subsection (1A)(a), the person by whom it was produced or on whom it was found shall be supplied with a photographic copy of such document if he so requests and makes payment therefor, and the copy so supplied to a person shall be made in his presence. (Amended 31 of 1984 s. 12)

Whenever it appears to a magistrate upon the oath of any person that there is reasonable cause to suspect that there is in any premises or place any thing which may be seized under this Ordinance, such magistrate may by warrant directed to any member of the Immigration Service or any police officer empower such member or officer with such assistants as may be necessary by day or by night to enter and if necessary to break into or forcibly enter the premises or place named in the warrant and there to search for and seize, remove and detain any such thing which may be seized under this Ordinance.

Whenever it appears to a magistrate upon the oath of any person that there is reasonable cause to suspect that there is in any building, vessel (not being a ship of war or a ship having the status of a ship of war) or place any document, or any portion or extract therefrom, or any other article or chattel which is likely to be of value (whether by itself or together with anything else) to the investigation of any offence that has been committed, or that is reasonably suspected to have been committed or to be about to be committed or to be intended to be committed against the provisions of this Ordinance, such magistrate may by warrant directed to any member of the Immigration Service or any police officer empower such member or officer with such assistants as may be necessary by day or by night— (Amended 53 of 1996 s. 10)

Any member of the Customs and Excise Service authorized in writing by the Commissioner of Customs and Excise may exercise the powers conferred on an immigration officer by section 3(2), 4(1), 5(3), (6) or (7), 11(1), (1A) or (2), 18(1)(a), 24(1)(a) or (3), 27, 32(1) or 56(1) or (1A).

An authorization given by the Commissioner of Customs and Excise under subsection (1) may be given to a member of the Customs and Excise Service by name or may be given to any such member holding such rank or performing such duties as the Commissioner may specify, and may extend to all the powers specified in subsection (1) or to such of those powers as the Commissioner may specify.

The Commissioner of Customs and Excise may, after consultation with the Director of Immigration, give such directions as the Director may specify to members of the Customs and Excise Service authorized under this section to exercise any of the powers of an immigration officer.

A member of the Customs and Excise Service shall, in the exercise of any powers which he is authorized under this section to exercise, comply with any directions given by the Commissioner of Customs and Excise under subsection (3) in addition to complying with directions given by the Chief Executive under section 51(1). (Amended 21 of 2024 s. 78)

Directions given under subsection (3) shall not be inconsistent with directions given by the Chief Executive under section 51(1). (Amended 21 of 2024 s. 78)

The Commissioner of Customs and Excise may, after consultation with the Director of Immigration, cancel any authorization given under subsection (1) and, in the event of such cancellation, any directions given by the Commissioner under subsection (3) shall cease to have effect.

In this section—

Any police officer authorized in writing by the Commissioner of Police may exercise the powers conferred on an immigration officer by section 3(2), 4(1), 5(3), (6) or (7), 11(1), (1A) or (2), 18(1)(a), 24(1)(a) or (3), 27, 32(1) or 56(1) or (1A). (Amended 66 of 1981 s. 4; 79 of 1982 s. 9)

An authorization given by the Commissioner of Police under subsection (1) may be given to a police officer by name or may be given to any police officer holding such rank or performing such duties as the Commissioner may specify, and may extend to all the powers specified in subsection (1) or to such of those powers as the Commissioner may specify.

The Commissioner of Police may, after consultation with the Director of Immigration, give such directions as the Director may specify to police officers authorized under this section to exercise any of the powers of an immigration officer.

A police officer shall, in the exercise of any powers which he is authorized under this section to exercise, comply with any directions given by the Commissioner of Police under subsection (3) in addition to complying with directions given by the Chief Executive under section 51(1). (Amended 21 of 2024 s. 78)

Directions given under subsection (3) shall not be inconsistent with directions given by the Chief Executive under section 51(1). (Amended 21 of 2024 s. 78)

The Commissioner of Police may, after consultation with the Director of Immigration, cancel any authorization given under subsection (1) and, in the event of such cancellation, any directions given by the Commissioner under subsection (3) shall cease to have effect. (Added 31 of 1984 s. 14)

Subject to subsection (2) and without prejudice to any other provision of this Ordinance, a document is not a valid travel document for the purposes of this Ordinance unless it bears, or its holder has obtained, a visa which was issued by or on behalf of the Director of Immigration and is in force on the date on which its holder arrives in Hong Kong. (Amended 13 of 2009 s. 6)

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

For any of the purposes of this Ordinance, if a person who by virtue of section 7 may not land or remain in Hong Kong without the permission of an immigration officer or immigration assistant does not produce an identity card relating to himself when required to do so by an immigration officer, immigration assistant or police officer, such person shall be deemed, until the contrary is proved, to have landed in Hong Kong unlawfully. (Amended 79 of 1982 s. 10)

For any of the purposes of this Ordinance, if a person who by virtue of section 7 may not land in Hong Kong without the permission of an immigration officer or immigration assistant is on board a ship proceeding through the waters of Hong Kong, such person shall be deemed to be seeking to land in contravention of section 38(1)(a) unless it is proved that—

Any document purporting to be—

shall be admitted in evidence in any proceedings on its production without further proof, and until the contrary is proved it shall be presumed that the removal order or deportation order was made against the person named and on the date specified therein. (Amended 14 of 1994 s. 24)

A certificate purporting to be made for the purposes of this subsection and to set out—

and purporting to be signed by the Director of Immigration shall be admitted in evidence in any proceedings on its production without further proof, and—

A certificate purporting to be made for the purposes of this subsection and to set out directions given in writing under section 25(2) and purporting to be signed by the Director of Immigration shall be admitted in evidence in any proceedings on its production without further proof, and—