To provide for the registration of and recording of particulars relating to persons in Hong Kong and persons elsewhere who have the right of abode in Hong Kong, for the issue, carrying, production and application of identity cards and for purposes connected therewith.
(Amended 46 of 1979 s. 2; 32 of 1987 s. 2; 9 of 2003 s. 2)
[1 June 1960] G.N.A. 44 of 1960
(Format changes—E.R. 2 of 2018)
This Ordinance may be cited as the Registration of Persons Ordinance.
In this Ordinance, unless the context otherwise requires— (Amended 9 of 2003 s. 3)
applicant (申請人) means a person who— (a)applies to be registered under section 3; (b)as the head of a family, applies on behalf of a person under 18 years of age to be registered under section 3; (c)applies for an identity card under this Ordinance; (d)as the head of a family, applies for an identity card under this Ordinance on behalf of a person under 18 years of age; (Added 32 of 1987 s. 3) certificate of identity (身分證明書) has the same meaning as it has in the Immigration Ordinance (Cap. 115); (Added 32 of 1987 s. 3) chip (晶片) means a chip— (a)which forms a component part of an identity card issued on or after the specified date; and (b)is capable of—(i)recording, storing and processing data; and(ii)transmitting data to or receiving data from any device electronically; (Added 9 of 2003 s. 3) Commissioner (處長) means any of the following— (a)the person appointed under section 2 to be the Commissioner of Registration; (b)any person appointed under that section to be the Deputy Commissioner of Registration; (c)any person appointed under that section to be an assistant commissioner of registration; (Added 32 of 1987 s. 3) fingerprint (指紋) includes a thumb-print; (Added 9 of 2003 s. 3) forge and forgery (偽造) have the meaning assigned to those terms by Part IX of the Crimes Ordinance (Cap. 200); (Replaced 49 of 1992 s. 5) head of a family (家長) means— (a)a person who is in loco parentis to any other person under 18 years of age; and (Replaced 32 of 1987 s. 3) (b)any person having lawful custody or control of, or over, any such other person; Hong Kong Special Administrative Region Passport (香港特別行政區護照) means a Hong Kong Special Administrative Region Passport issued under the Hong Kong Special Administrative Region Passports Ordinance (Cap. 539); (Added 127 of 1997 s. 14) identity card (身分證) means an identity card issued under this Ordinance and includes a permanent identity card; (Amended 32 of 1987 s. 3) Immigration Tribunal (入境事務審裁處) means the Immigration Tribunal established by section 53F of the Immigration Ordinance (Cap. 115); (Added 32 of 1987 s. 3. Amended L.N. 363 of 1997) member of the Immigration Service (入境事務隊成員) means the holder of a rank specified in Schedule 1 to the Immigration Service Ordinance (Cap. 331); (Added 9 of 2003 s. 3) perforated identity card (已打孔身分證) means an identity card which has been mechanically perforated by a registration officer to show an expiry date; (Added 11 of 1983 s. 2) permanent identity card (永久性居民身分證) means an identity card which contains a statement that the holder has the right of abode in Hong Kong; (Added 32 of 1987 s. 3) registration officer (登記主任) means any of the following— (a)the Commissioner; (b)any member of the Immigration Service appointed under section 2(2) to be a registration officer; (c)in the case of a provision of this Ordinance which confers any functions on a registration officer, any member of the Immigration Service or other public officer authorized, by name or office, by the Commissioner to discharge the functions so conferred by that provision; (Replaced 32 of 1987 s. 3) right of abode in Hong Kong (香港居留權) has the same meaning as it has in the Immigration Ordinance (Cap. 115); (Added 32 of 1987 s. 3) specified date (指明日期) means the date specified under subsection (2); (Added 9 of 2003 s. 3) transfers (轉讓) means— (a)sells or offers for sale; (b)lends; (c)gives; (d)hands over; or (e)parts with possession; (Added 56 of 1989 s. 2) Tribunal (審裁處) means the Registration of Persons Tribunal established by section 3C. (Added 32 of 1987 s. 3)The Commissioner of Registration may, by notice published in the Gazette, specify a date for the purposes of the definition of specified date in subsection (1). (Added 9 of 2003 s. 3)
A notice referred to in subsection (2) is not subsidiary legislation. (Added 9 of 2003 s. 3)
(Added 51 of 1979 s. 2. Amended 32 of 1987 s. 3; 28 of 1998 s. 2)
There shall be a Commissioner of Registration who shall be a public officer appointed, by name or office, by the Chief Executive. (Replaced 32 of 1987 s. 4. Amended 71 of 1999 s. 3)
The Commissioner of Registration may appoint or authorize, by name or office, any member of the Immigration Service or other public officer to be— (Amended 56 of 1989 s. 3)
the Deputy Commissioner of Registration;
an assistant commissioner of registration;
a registration officer,
as he thinks fit. (Replaced 32 of 1987 s. 4)
The Deputy Commissioner of Registration may appoint or authorize, by name or office, any member of the Immigration Service or other public officer to be—
an assistant commissioner of registration;
a registration officer,
as he thinks fit. (Added 56 of 1989 s. 3)
An assistant commissioner of registration may appoint or authorize, by name or office, any member of the Immigration Service or other public officer to be a registration officer as he thinks fit. (Added 56 of 1989 s. 3)
The Chief Executive may establish or set up such offices as he may deem necessary for the purposes of this Ordinance and may appoint an officer to be known by such style as the Chief Executive may decide, to have charge of each such office. (Amended 71 of 1999 s. 3)
(Repealed 32 of 1987 s. 4)
Every person in Hong Kong is required to be registered under this Ordinance, unless exempted or excluded from its provisions by regulations made under section 7.
Every person who is required by subsection (1) to be registered under this Ordinance and who—
is not the holder of an identity card; or
is the holder of a permanent identity card that was issued on an application made from outside Hong Kong,
shall apply to be so registered in such manner as may be prescribed in regulations made under section 7.
(Replaced 32 of 1987 s. 5)
A person who enjoys the right of abode in Hong Kong may, notwithstanding that he is already registered under this Ordinance or is not required to be so registered, apply in accordance with regulations made under section 7 for a permanent identity card to be issued to him if such permanent identity card is required by the applicant for a Hong Kong Special Administrative Region Passport or a certificate of identity.
(Added 32 of 1987 s. 5. Amended 127 of 1997 s. 15; 28 of 1998 s. 2)
Where provision is made by or under this Ordinance for a person to present or surrender an identity card or to make a report or application to a registration officer, or at a registration office, or to register, then in any case where that person is under 18 years of age and there is another person who stands in relation to him as head of the family—
the presentation or surrender of the identity card or the report, application or registration shall be made by that other person; and
the provisions of this Ordinance and of any regulations made thereunder shall be construed as if they expressly required the presentation or surrender of the identity card or the report, application or registration to be made by the head of the family:
Provided that nothing in this section shall prevent a registration officer from accepting, if he thinks fit to do so, any identity card, report, application or registration from a person under 18 years of age where the head of the family has failed to present or surrender the identity card or to make the report, application or registration.
(Added 32 of 1987 s. 5)
There is hereby established a tribunal to be known as the Registration of Persons 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.
(Added 32 of 1987 s. 5. Amended 71 of 1999 s. 3)
The Tribunal shall have jurisdiction to hear and decide any appeal by a person who is aggrieved by a decision of a registration officer not to issue a permanent identity card to that person, or to declare a permanent identity card issued to him to be invalid.
Where a registration officer refuses to issue to a person a permanent identity card or declares a permanent identity card issued to such person to be invalid on the ground that, in the opinion of the registration officer, the person does not have the right of abode in Hong Kong the registration officer shall notify that person of his decision in writing and inform him of his right of appeal under subsection (1).
A person who wishes to appeal under subsection (1) shall serve written notice of appeal, stating his ground of appeal and the facts upon which he relies, upon the Tribunal, within 90 days of his being notified of the decision of the registration officer to refuse to issue him with a permanent identity card or to declare a permanent identity card issued to him to be invalid.
An appeal under subsection (1) may only be brought by a person on the ground that on the facts of his case he enjoys the right of abode in Hong Kong and shall succeed if, and only if, the Tribunal determines that he has that right.
Where the Tribunal, upon an examination of—
the written notice of appeal served under subsection (3) on which a person (“the appellant”) appealing under subsection (1) seeks to rely; and
the summary or record of the proceedings of the Immigration Tribunal in respect of an unsuccessful appeal by the appellant under section 53A(1)(aa) of the Immigration Ordinance (Cap. 115),
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 Immigration 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.
The decision of the Tribunal under this section shall be final.
For the avoidance of doubt, it is declared that the service of a written notice of appeal under subsection (3) does not give the person by whom or on whose behalf it is served any right to remain in Hong Kong pending the decision of the Tribunal.
(Added 32 of 1987 s. 5)
The practice and procedure of, and on appeals under section 3D to, the Tribunal shall be such as may be prescribed in regulations made under section 7.
(Added 32 of 1987 s. 5)
A document purporting to be a copy of the records or part of the records kept by the Commissioner and purporting to be certified as a true copy thereof by the officer having custody of the records shall be admissible in evidence in criminal or civil proceedings before any court on its production without further proof and— (Amended 32 of 1987 s. 6)
until the contrary is proved, the court before which such document is produced shall presume—
that the document is certified by such officer; and
that the document is a true copy of the records or part of the records to which it refers; and
such document shall be prima facie evidence of all matters contained therein.
(Replaced 51 of 1979 s. 4)
Notwithstanding the provisions of any law to the contrary, every person who is registered under this Ordinance shall in all dealings with Government— (Amended 32 of 1987 s. 7)
use the personal name and surname entered on the identity card issued to such person; and (Amended L.N. 337 of 1989)
furnish the number of his identity card to the satisfaction of the public officer requiring such number; and
when he is required by law to furnish particulars of any other person, so far as he is able—
submit the personal name and surname entered on the identity card issued to such other person; and
furnish the number of the identity card relating to such person to the satisfaction of the public officer requiring it.
(Amended 36 of 1971 s. 3; 51 of 1979 s. 5; 3 of 1980 s. 3)
Any person who fails to comply with subsection (1) commits an offence and is liable to a fine at level 5 and to imprisonment for 1 year. (Added 54 of 1981 s. 3. Amended L.N. 25 of 1996)
(Repealed 53 of 1996 s. 11)
The Chief Executive in Council may make such regulations as may be necessary for the purposes of this Ordinance. (Amended 71 of 1999 s. 3)
Without prejudice to the generality of the powers conferred by subsection (1) such regulations may provide for—
the manner in which and places at which application for registration under section 3 or for the issue or renewal of identity cards under this Ordinance shall be made, and the making of an order by the Commissioner specifying or amending the places at which such application, issue or renewal shall be made; (Amended 11 of 1983 s. 4; 32 of 1987 s. 9)
separate arrangements for the issue or renewal of identity cards for any category or group of persons; (Added 11 of 1983 s. 4)
the information and documents to be furnished for the purposes of registration under section 3 or for the purposes of the issue or renewal of identity cards under this Ordinance; (Amended 11 of 1983 s. 4)
the taking and recording of photographs and fingerprints of persons requiring registration under section 3 or the issue or renewal of identity cards under this Ordinance and the destruction of such photographs and the records of all such fingerprints on the expiration of this Ordinance; (Amended 11 of 1983 s. 4; 9 of 2003 s. 4)
the method and manner by which information and documents furnished by a person requiring registration under section 3 or the issue or renewal of identity cards under this Ordinance are to be recorded and maintained; (Amended 11 of 1983 s. 4)
the photographing, scanning or image capturing of fingerprints, information and documents furnished or made for the purposes of registration under section 3 or the issue or renewal of identity cards and the destruction of their originals; (Amended 11 of 1983 s. 4; 9 of 2003 s. 4)
(Repealed 9 of 2003 s. 4)
the use of films and photographic reproductions of such films;
the practice and procedure of, and on appeals to, the Tribunal; (Added 32 of 1987 s. 9)
the use of digital images and the reproduction of such digital images in relation to identity cards; (Added 9 of 2003 s. 4)
the issue of identity cards (including the issue of permanent identity cards to persons with the right of abode in Hong Kong wherever resident) and their form; (Replaced 9 of 2003 s. 4)
circumstances under which identity cards may be perforated with an expiry date; (Added 11 of 1983 s. 4)
the custody, surrender and production of identity cards; (Amended 36 of 1973 s. 4)
the making of an order by the Chief Executive in Council requiring every person, or every person of such class or such description as may be specified in the order, to carry his identity card when in such area or place, on such occasion, for such purpose or in such circumstance as may be specified in the order; (Added 46 of 1979 s. 3. Amended 71 of 1999 s. 3)
the production, by a person required to carry his identity card, of such card to a police officer, or member of the Immigration Service and any other person authorized by or under the regulations; (Added 46 of 1979 s. 3)
the inspection of identity cards, viewing of information reproduced from data stored in chips embodied in identity cards and matching of fingerprints for verification of identity; (Amended 9 of 2003 s. 4)
the amendment or cancellation of identity cards, and the issue of duplicates thereof;
circumstances in which identity cards shall cease to be valid, be declared invalid or cancelled by a registration officer; (Added 11 of 1983 s. 4. Amended 32 of 1987 s. 9)
the issue of reports and certificates;
the exemption of any person or category of persons from the provisions of this Ordinance;
the exclusion of persons or any class or description of persons from the provisions of this Ordinance and in particular for the prevention of persons or any class or description of persons from being registered under this Ordinance and being provided with identity cards; (Added 3 of 1980 s. 4)
destruction of documents and records (whether in tangible or digital form); (Amended 9 of 2003 s. 4)
forms;
fees (including any fee prescribed for the purposes of section 10). (Amended 9 of 2003 s. 4)
Without prejudice to the generality of the powers conferred by subsection (1), regulations made under that subsection may provide for—
prescribed information or particulars to be included in identity cards;
prescribed data to be stored in chips;
information or particulars other than prescribed information or particulars that may be included in identity cards with the consent of applicants for or holders of identity cards;
data other than prescribed data that may be stored in chips with the consent of applicants for or holders of identity cards.
For the purposes of paragraph (a), information, particulars or data are prescribed information, particulars or data, as the case may be, if they are or relate to—
the name, address, place of birth, date of birth, sex, marital status or occupation of the relevant person or the nationality which he claims;
any photograph or fingerprint of the relevant person;
any travel document held by the relevant person;
the right of abode or right to land of the relevant person;
any condition of stay to which the relevant person is subject;
issue of identity card to the relevant person; or
the number of the identity card issued to the relevant person. (Added 9 of 2003 s. 4)
Any regulation made under this Ordinance may provide that a contravention thereof shall be an offence and may prescribe penalties for such offence not exceeding a fine at level 5 and imprisonment for 2 years. (Amended 51 of 1979 s. 6; 11 of 1983 s. 4; 9 of 2003 s. 4)
Any regulation made under this Ordinance may provide that, notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), criminal proceedings in respect of any such offence under the regulations as may be specified therein may be instituted within such period, not exceeding 5 years, of the commission of the offence as may be so specified. (Added 51 of 1979 s. 6. Amended 11 of 1983 s. 4)
Any person who without lawful authority or reasonable excuse uses or has in his custody or possession a forged identity card or other document issued under this Ordinance commits an offence and is liable—
on conviction on indictment to a fine at level 6 and to imprisonment for 10 years; and
on summary conviction to a fine at level 5 and to imprisonment for 2 years.
Any person who without lawful authority or reasonable excuse uses or has in his custody or possession an identity card or other document issued under this Ordinance which relates to another person commits an offence and is liable—
on conviction on indictment to a fine at level 6 and to imprisonment for 10 years; and
on summary conviction to a fine at level 5 and to imprisonment for 2 years. (Added 56 of 1989 s. 4)
For the purposes of subsection (1) or (1A), an accused person shall be deemed to have an identity card or other document or a forged identity card or other document in his custody or possession if he—
has it in his personal custody or possession; or
knowingly has it in the actual custody or possession of any other person, or has it in any other place, whether occupied by himself or not,
and it is immaterial whether the identity card or other document or the forged identity card or other document, as the case may be, is in such custody, possession or place for the use of the accused person or that of another person.
(Added 54 of 1981 s. 4. Amended 56 of 1989 s. 4; L.N. 25 of 1996)
Any person who without lawful authority or reasonable excuse transfers to another person—
an identity card or other document issued under this Ordinance; or
a forged identity card or other document issued under this Ordinance,
commits an offence and is liable—
on conviction on indictment to a fine at level 6 and to imprisonment for 10 years; (Amended L.N. 25 of 1996)
on summary conviction to a fine at level 5 and to imprisonment for 2 years; (Amended L.N. 25 of 1996)
For the purposes of subsection (1), it is immaterial whether the transfer of the identity card or other document or the transfer of the forged identity card or other document, as the case may be, relates to the accused person or another person.
(Added 56 of 1989 s. 5)
All persons who are holders of identity cards issued before the specified date, or issued on or after that date as a result of an application made before that date, shall apply in accordance with regulations made under section 7 for identity cards at such places, in such sequence and within such periods as the Secretary for Security may direct by order published in the Gazette. (Amended 56 of 1989 s. 6; 9 of 2003 s. 5)
An order under subsection (1) may direct that applications for identity cards be made by any description or category of persons, whether by reference to their date of birth, sex, place or area of usual residence, identity card numbers, or by reference to any other matter.
Any person who without reasonable excuse fails to comply with subsection (1) in accordance with an order made thereunder, commits an offence and is liable to a fine at level 2. (Amended L.N. 25 of 1996)
A person who is absent from Hong Kong at the time when he is required by an order made under subsection (1) to apply for an identity card, shall not be regarded as failing to comply with subsection (1) provided he applies for an identity card within 30 days of his return to Hong Kong.
(Replaced 32 of 1987 s. 10)
The Secretary for Security may by order published in the Gazette declare all identity cards issued before the specified date, or issued on or after that date as a result of an application made before that date, or such of those identity cards as he may specify by reference to their numbers or description or category of their holders, to be invalid. (Amended 9 of 2003 s. 6)
An order under subsection (1) may specify a description or category of holders by reference to their date of birth, sex, place or area of usual residence, identity card numbers, or by reference to any other matter.
(Replaced 32 of 1987 s. 11)
Any person—
who is the holder of an identity card (other than a permanent identity card) issued after 1 July 1987; and (Amended 56 of 1989 s. 7)
who at any time after the issue of such card becomes a Hong Kong permanent resident enjoying the right of abode in Hong Kong,
may apply in accordance with regulations made under section 7 for a permanent identity card to be issued to him in place of his identity card.
(Added 32 of 1987 s. 11)
(Repealed 32 of 1987 s. 12)
Subject to section 11—
particulars furnished to a registration officer under this Ordinance may be used for and only for the purpose of enabling the Commissioner to issue identity cards and to keep records on such particulars;
the records referred to in paragraph (a) may be used for and only for the following purposes—
enabling verification of identity of individuals by public officers in discharge of their official duties;
enabling verification of identity of individuals for any other lawful purposes; or
such purposes as may be authorized, permitted or required by or under any Ordinance.
(Added 9 of 2003 s. 7)
A registration officer may, upon receipt of the written and signed request from the person to whom an identity card relates (accompanied, if such person is living outside Hong Kong, with his photograph and a copy of his left or right thumb-print or such other fingerprint as the registration officer may require, both properly authenticated by a notary public) and payment of the fee prescribed in Schedule 2 to the Registration of Persons Regulations (Cap. 177 sub. leg. A)—
certify to the correctness or otherwise of such matters relating to such person contained in the written request which are within his knowledge; and
furnish a certified copy of the photograph of such person or relevant document in his custody.
(Added 9 of 2003 s. 7)
Subject to section 10, a registration officer shall not—
produce for inspection, or supply a copy of, the photograph of a person registered under the provisions of the Registration of Persons Regulations (Cap. 177 sub. leg. A) or his fingerprint; or
disclose or supply a copy of the records kept by the Commissioner on particulars furnished to a registration officer under this Ordinance,
except and unless with the written permission of the Chief Secretary for Administration which—
may refer to a person or class or category of persons by name, office or description;
may contain such terms and conditions as the Chief Secretary for Administration may deem fit to impose; and
must state the reason for giving such permission.
(Added 9 of 2003 s. 7)
Any person who, without lawful authority or reasonable excuse, gains access to, stores, uses, discloses, erases, cancels or alters any record kept by the Commissioner on particulars furnished to a registration officer under this Ordinance shall be guilty of an offence and shall be liable to a fine at level 5 and to imprisonment for 2 years.
(Added 9 of 2003 s. 7)