Cap. 591 《深圳灣口岸港方口岸區條例》Shenzhen Bay Port Hong Kong Port Area Ordinance
生效中An Ordinance to declare an area in the Shenzhen Bay Port in the Mainland as the Shenzhen Bay Port Hong Kong Port Area; to apply the laws of Hong Kong in the Shenzhen Bay Port Hong Kong Port Area and to provide for the court’s jurisdiction in this connection; to extend the territorial limit of certain rights and obligations to include the Shenzhen Bay Port Hong Kong Port Area; to assist in the construction of certain documents made subsequent to the declaration of the Shenzhen Bay Port Hong Kong Port Area; and to provide for related purposes.
[27 April 2007]
(Format changes—E.R. 1 of 2019)
Preamble
at the 24th Meeting of the Standing Committee of the Tenth National People’s Congress, it was considered necessary to set up a Hong Kong Port Area at the Shenzhen Bay Port especially for customs clearance and inspection of people, vehicles and goods in order to alleviate the mounting pressure on land control points arising from increasing interactions between the Mainland and the Hong Kong Special Administrative Region (HKSAR), to accommodate the objective demand for transport and for facilitation of customs clearance between Shenzhen and HKSAR, to promote the interflow of people and economic and trade activities between the Mainland and HKSAR and to advance joint economic development of the 2 places;
on the basis of the consideration mentioned in paragraph (1), the Standing Committee of the Tenth National People’s Congress at its 24th Meeting decided on 31 October 2006 as follows—
HKSAR is authorized to exercise jurisdiction over the Hong Kong Port Area at the Shenzhen Bay Port according to the laws of HKSAR from the day on which the Shenzhen Bay Port commences operation, and HKSAR is to administer the Hong Kong Port Area at the Shenzhen Bay Port as a closed area;
the area of the Hong Kong Port Area at the Shenzhen Bay Port will be stipulated by the State Council; and
the land use period of the Hong Kong Port Area at the Shenzhen Bay Port will be determined by the State Council according to the provisions of the relevant laws; and
by the “Official Reply of the State Council Concerning the Area of the Hong Kong Port Area at the Shenzhen Bay Port over which the Hong Kong Special Administrative Region is Authorized to Exercise Jurisdiction and the Land Use Period” dated 30 December 2006 (Letter No. 132 [2006] of the State Council), the State Council—
stipulated the area of the Hong Kong Port Area at the Shenzhen Bay Port (the Stipulated Area); and
determined that the land use right of the Stipulated Area be acquired by HKSAR by way of a lease under a lease contract for State-owned land signed between HKSAR Government and the People’s Government of the Shenzhen Municipality of Guangdong Province, that the land use period shall commence on the day on which the Shenzhen Bay Port commences operation and shall expire on 30 June 2047, and that with the State Council’s approval of a submission made after the parties’ mutual consultation and submitted in accordance with the relevant procedures, the land use right may be terminated earlier or the lease may be renewed after its expiry:
NOW, THEREFORE, it is enacted by the Legislative Council as follows—
Part 1 — Preliminary
1. Short title
(Amended E.R. 1 of 2019)
This Ordinance may be cited as the Shenzhen Bay Port Hong Kong Port Area Ordinance.
(Omitted as spent—E.R. 1 of 2019)
2. Interpretation
In this Ordinance—
area (地域) includes air space and subterranean soil; court (法院) means a court or tribunal of the Judiciary of Hong Kong specified in Part 1 of Schedule 4; court order (法院命令) includes a judgment, order, direction or other decision made by a court; future (日後的)— (a)in relation to a right or obligation, means acquired, accrued or incurred on or after the Relevant Date; (b)in relation to a court order or a document, means made on or after the Relevant Date; Hong Kong Port Area (港方口岸區) means the Shenzhen Bay Port Hong Kong Port Area declared by section 3; laws of Hong Kong (香港法律) means the laws for the time being in force in, having legislative effect in, extending to, or applicable in, Hong Kong, including all the sources of the laws of Hong Kong specified in Article 18 of the Basic Law; pre-existing (已有的)— (a)in relation to a right or obligation, means acquired, accrued or incurred before the Relevant Date; (b)in relation to a court order, means made before the Relevant Date; public authority (公共主管當局) includes any tribunal, board, commission, committee or similar body that is established by or under an enactment, other than a court; public officer (公職人員) means a person holding an office of emolument under the Government (whether such office be permanent or temporary), including a principal official of the Government appointed in accordance with the Basic Law; regulatory body (規管團體) means a person that regulates standards of competence or service within a profession, trade or business; *Relevant Date (有關日期) means the day appointed under section 1(2) for the coming into operation of sections 3 and 5, being the day on which the Shenzhen Bay Port referred to in paragraph (2)(a) of the preamble commences operation; right or obligation (權利或義務) means a power, right, privilege, obligation or liability; statutory (法定), in relation to a power or duty, means conferred or imposed by an enactment; territorial limit (地域界限), in relation to a right or obligation, means the geographical area within which the right or obligation may be exercised or performed.A reference in this Ordinance to Hong Kong means a reference to Hong Kong (as a whole and not only a part of Hong Kong) howsoever described and includes a reference to the Hong Kong Special Administrative Region.
| Relevant Date: 1 July 2007 (see L.N. 138 of 2007). |
Part 2 — Hong Kong Port Area and Application of Laws of Hong Kong
3. Declaration of Hong Kong Port Area
The area delineated by the description set out in Schedule 1 (Particularized Description) is declared as the Shenzhen Bay Port Hong Kong Port Area.
The Particularized Description comprises—
the description of the area of the Clearance Area set out in Part 1 of Schedule 1;
the description of the area of the Shenzhen section of the Shenzhen Bay Bridge set out in Part 2 of that Schedule; and
the maps in Part 3 of that Schedule.
4. Hong Kong Port Area be closed area
For the purposes of the Public Order Ordinance (Cap. 245) and any other enactment that applies to a closed area (as defined in section 2(1) of that Ordinance), the Hong Kong Port Area is a closed area so defined.
5. Application of laws of Hong Kong in Hong Kong Port Area
Except in so far as otherwise provided by an enactment enacted, or (in the case of subsidiary legislation) made, on or after the Relevant Date, the laws of Hong Kong apply in the Hong Kong Port Area.
For the purpose of applying the laws of Hong Kong in the Hong Kong Port Area, the Hong Kong Port Area is regarded as an area lying within Hong Kong.
If an enactment applies—
only to a specific area in Hong Kong; or
by reference to different areas in Hong Kong,
then, for the purpose of determining whether the Hong Kong Port Area is included in such an area, the Hong Kong Port Area is regarded as an area known by its name that lies within the New Territories and outside New Kowloon.
6. Land in Hong Kong Port Area be regarded as Government land
Notwithstanding that the land use right of the Hong Kong Port Area is acquired by way of a lease as mentioned in paragraph (3)(b) of the preamble, land within the Hong Kong Port Area is regarded, for the purpose of applying the laws of Hong Kong in the Hong Kong Port Area, as part and parcel of the Government land lying within Hong Kong.
Any right or interest in any such land disposed of by virtue of a dealing on or subsequent to the Relevant Date is regarded as a right or interest derived directly or indirectly (as the case may be) from the Government.
7. Jurisdiction of courts
A court has jurisdiction to hear and determine any cause or matter, civil or criminal, arising from the operation of this Ordinance in like manner as it has jurisdiction as regards the operation of the laws of Hong Kong in Hong Kong.
Without prejudice to the generality of subsection (1), a court has the power to make a court order that adjudicates on, confers or imposes a right or obligation the territorial limit of which is confined to, or includes, the Hong Kong Port Area.
Part 3 — Pre-existing Rights and Obligations
8. Pre-existing rights and obligations not affected unless section 9 or 10 applies
In any proceedings (whether civil, criminal or otherwise), no person is entitled to contend that the territorial limit of a particular pre-existing right or obligation is extended to include the Hong Kong Port Area if the sole ground for such contention is that section 5(2) has the effect of extending the territorial limit of a pre-existing right or obligation to include the Hong Kong Port Area.
Subsection (1) does not derogate from the operation of sections 9 and 10.
9. Territorial limit of certain pre-existing rights and obligations be extended
If a pre-existing right or obligation has a territorial limit (whether express or not) confined to, or including, Hong Kong, and the right or obligation—
is of a description included in Schedule 2; and
subsists, or has its legal effect suspended, as at the Relevant Date,
then, the territorial limit of the right or obligation is extended to include the Hong Kong Port Area in accordance with subsection (2).
An extension of the territorial limit to include the Hong Kong Port Area under subsection (1) takes effect—
subject to paragraph (b), from the Relevant Date; or
(if the description is included in Schedule 2 by an amendment that takes effect after the Relevant Date) from the date when the amendment takes effect.
If—
the territorial limit of a right or obligation is extended under this section; and
as at the date when the extension takes effect—
the legal effect of the right or obligation is suspended;
the right or obligation is subject to any condition,
then, on and from that date, the suspension or condition (as may be applicable) has effect in relation to the right or obligation with its territorial limit so extended.
This section does not apply to a right or obligation conferred or imposed by a court order.
10. Territorial limit of certain rights and obligations conferred or imposed by pre-existing court orders be extended
If a right or obligation conferred or imposed by a pre-existing court order has a territorial limit (whether express or not) confined to, or including, Hong Kong, and the court order—
is of a description included in Part 2 of Schedule 4; and
subsists, or has its legal effect suspended, as at the Relevant Date,
then, the territorial limit of the right or obligation is extended to include the Hong Kong Port Area in accordance with subsection (2).
An extension of the territorial limit to include the Hong Kong Port Area under subsection (1) takes effect—
subject to paragraph (b), from the Relevant Date; or
(if the description is included in Part 2 of Schedule 4 by an amendment that takes effect after the Relevant Date) from the date when the amendment takes effect.
If—
the territorial limit of a right or obligation conferred or imposed by a pre-existing court order is extended under this section; and
as at the date when the extension takes effect—
the legal effect of the right or obligation is suspended;
the right or obligation is subject to any condition,
then, on and from that date, the suspension or condition (as may be applicable) has effect in relation to the right or obligation with its territorial limit so extended.
Part 4 — Future Rights, Obligations, Documents and Court Orders
11. Limitations on operation of section 5(2) in relation to future rights and obligations
If a future right or obligation—
permits, or requires, a person to do an act in Hong Kong, and the permission or requirement does not encompass the Hong Kong Port Area; or
permits, or requires, a person not to do an act in Hong Kong, and the permission or requirement does not encompass the Hong Kong Port Area,
then, in any proceedings (whether civil, criminal or otherwise), no person is entitled to contend that section 5(2) has the effect of extending the territorial limit of the right or obligation to include the Hong Kong Port Area.
For the avoidance of doubt, if a person—
is permitted, or is required, to do an act in Hong Kong and in the Hong Kong Port Area; or
is permitted, or is required, not to do an act in Hong Kong and not to do it in the Hong Kong Port Area,
and the terms of the permission or requirement (as may be applicable) show a difference between—
the legal consequences arising from the performance, or non-performance, of such an act in Hong Kong; and
the legal consequences arising from the performance, or non-performance, of such an act in the Hong Kong Port Area,
then, for the purposes of subsection (1), the permission, or requirement, is treated as comprising 2 separate rights or obligations on the basis of the difference.
12. References to Hong Kong in future documents
If a future document contains a reference to Hong Kong to describe the territorial limit of a right or obligation (other than a pre-existing right or obligation), then, unless the contrary intention appears, the territorial limit of the right or obligation is to be construed as including the Hong Kong Port Area.
It is declared that the definition assigned by section 3 of the Interpretation and General Clauses Ordinance (Cap. 1) to the expression document does not include, for the purposes of this section, any enactment, and for the avoidance of doubt, it is declared that any enactment must be construed in accordance with section 5.
This section does not apply to a court order.
13. References to Hong Kong in future court orders
If a future court order contains a reference to Hong Kong to describe the territorial limit of a right or obligation conferred or imposed by the court order, then, unless the contrary intention appears from the court order, the territorial limit of the right or obligation is to be construed as including the Hong Kong Port Area.
Part 5 — Miscellaneous
14. Expiry of this Ordinance
This Ordinance shall expire at midnight on 30 June 2047, which is the day on which the land use period of the land use right of the Hong Kong Port Area acquired by way of the lease mentioned in paragraph (3)(b) of the preamble is to expire.
If the land use right is terminated earlier or the lease is renewed after its expiry—
the Secretary for Security shall by notice in the Gazette publicize the date on which the land use right or the lease (as so terminated earlier or renewed) is to expire (the published date); and
this Ordinance shall expire at midnight on the published date.
15. Exercise of statutory powers between publication of this Ordinance and Relevant Date
Notwithstanding that the Relevant Date falls on a day after the day of publication of this Ordinance in the Gazette, a power to do anything under an enactment that will apply in the Hong Kong Port Area by virtue of section 5 (as read with section 4) may be exercised in relation to the Hong Kong Port Area at any time after the publication.
An exercise of a power under subsection (1) is not effective until the Relevant Date.
Part 6
(Omitted as spent—E.R. 1 of 2019)
16. (Omitted as spent—E.R. 1 of 2019)
17. (Omitted as spent—E.R. 1 of 2019)
Schedule 1 — Shenzhen Bay Port Hong Kong Port Area
[s. 3]Part 1 — Area of Clearance Area
| coordinates reference No. | X coordinate | Y coordinate | remarks |
| 1 | 15172.500 | 103655.000 | |
| 2 | 14829.000 | 103655.000 | |
| 3 | 14829.000 | 103635.000 | |
| 4 | 13787.489 | 103635.000 | |
| 5 | 13704.935 | 103513.075 | |
| 6 | 13704.935 | 103017.000 | |
| 7 | 14164.800 | 103017.000 | |
| 8 | 14164.800 | 103235.660 | |
| 9 | 14235.569 | 103427.917 | Starting point of circular curve |
| 10 | 14239.958 | 103436.862 | Mid-point of circular curve, radius = 48.25 m |
| 11 | 14246.091 | 103444.715 | End point of circular curve |
| 12 | 14246.091 | 103591.249 | Starting point of circular curve |
| 13 | 14290.205 | 103593.687 | Mid-point of circular curve, radius = 1200.25 m |
| 14 | 14334.379 | 103594.500 | End point of circular curve |
| 15 | 14745.300 | 103594.500 | Starting point of circular curve |
| 16 | 14798.342 | 103580.722 | Mid-point of circular curve, radius = 109 m |
| 17 | 14837.975 | 103542.873 | End point and starting point of circular curve |
| 18 | 14864.926 | 103505.153 | Mid-point of circular curve, radius = 351 m |
| 19 | 14896.614 | 103471.314 | End point of circular curve |
| 20 | 14998.347 | 103376.131 | Starting point of circular curve |
| 21 | 15052.372 | 103341.950 | Mid-point of circular curve, radius = 171 m |
| 22 | 15115.175 | 103330.000 | End point of circular curve |
| 23 | 15172.500 | 103330.000 | |
| Notes: | 1. | Coordinates System is based on Shenzhen Independent Coordinates System. | |
| 2. | The Clearance Area is 41.5654 hectares in size. | ||
| 3. | The setting out coordinates of the Clearance Area are shown in the map titled “Setting out Coordinates of Clearance Area” (Map No. 2) in Part 3. | ||
Section II. Vertical and horizontal limit of Clearance Area
Vertically, the upper limit is set at an elevation of +60 m (National Vertical Datum 1985) and the lower limit is set at an elevation of –60 m (National Vertical Datum 1985), except for the link roads for passenger vehicles. As far as the link roads for passenger vehicles (the setting out coordinates being the coordinates of coordinates reference Nos. 12 to 15 in Section I of this Part, and X coordinate = 14745.300, Y coordinate = 103635.000 and X coordinate = 14246.091, Y coordinate = 103635.000) are concerned, vertically, the upper limit is set at an elevation of +60 m (National Vertical Datum 1985) and the lower limit is set at an elevation of –10 m (National Vertical Datum 1985).
Horizontally, the boundary of the Clearance Area is set at the edge lines of the Clearance Area as defined by the setting out coordinates listed in Section I of this Part.
Part 2 — Area of Shenzhen Section of Shenzhen Bay Bridge#
| # | ||||||
| Section I. Setting out coordinates of bridge surface of Shenzhen section of Shenzhen Bay Bridge | ||||||
| Setting out coordinates of ramp A | ||||||
| coordinates reference No. | left edge line (in direction of traffic flow) | right edge line (in direction of traffic flow) | remarks | |||
| X | Y | X | Y | |||
| A1 | 13725.5845 | 103543.5725 | Intersection with Red Line at Point 1 | |||
| A2 | 13715.1943 | 103528.2270 | Intersection with Red Line at Point 2 | |||
| A3 | 13714.8996 | 103561.5008 | 13701.6906 | 103552.4718 | R—160.000 L—96.753 | Mid-point of circular curve |
| A4 | 13680.3748 | 103598.5028 | 13670.4534 | 103585.9503 | End point of circular curve | |
| A5 | 13628.3217 | 103628.1131 | 13622.1361 | 103613.3571 | A—135.000 L—113.906 | Mid-point of transition curve |
| A6 | 13574.7609 | 103646.8098 | 13569.9557 | 103631.5484 | R—1500.000 L—187.483 | Starting point of circular curve |
| A7 | 13514.1286 | 103667.2778 | 13508.6703 | 103652.1845 | Mid-point of circular curve | |
| A8 | 13454.4295 | 103690.3266 | 13448.3290 | 103675.4811 | Merging point of ramp A | |
| Setting out coordinates of ramp B | ||||||
| coordinates reference No. | left edge line (in direction of traffic flow) | right edge line (in direction of traffic flow) | remarks | |||
| X | Y | X | Y | |||
| B1 | 13728.0207 | 103547.1705 | Intersection with Red Line at Point 1 | |||
| B2 | 13735.3053 | 103557.9294 | Intersection with Red Line at Point 2 | |||
| B3 | 13600.5721 | 103577.3648 | 13604.9604 | 103585.7951 | A—100.000 L—75.625 | Starting point of ramp B |
| B4 | 13634.9659 | 103561.5416 | 13638.5982 | 103570.3195 | Mid-point of transition curve | |
| B5 | 13671.8810 | 103549.5897 | 13673.9028 | 103558.8721 | R—160.000 L—81.047 | Starting point of circular curve |
| B6 | 13713.3351 | 103545.9403 | 13712.9663 | 103555.4331 | Mid-point of circular curve | |
| Setting out coordinates of ramp C | ||||||
| coordinates reference No. | left edge line (in direction of traffic flow) | right edge line (in direction of traffic flow) | remarks | |||
| X | Y | X | Y | |||
| C1 | 13765.1448 | 103602.0000 | Intersection with Red Line at Point 1 | |||
| C2 | 13758.7125 | 103592.5000 | Intersection with Red Line at Point 2 | |||
| C3 | 13728.6083 | 103602.0000 | 13728.6083 | 103592.5000 | A—170.000 L—72.250 | Starting point of transition curve |
| C4 | 13692.6826 | 103602.1819 | 13692.5194 | 103592.6833 | Mid-point of transition curve | |
| C5 | 13656.7814 | 103603.7875 | 13656.0214 | 103594.3179 | R—400.000 L—98.097 | Starting point of circular curve |
| C6 | 13608.8226 | 103610.5795 | 13606.9167 | 103601.2726 | Mid-point of circular curve | |
| C7 | 13562.0546 | 103623.1862 | 13559.0246 | 103614.1823 | End point of circular curve | |
| C8 | 13530.4933 | 103635.1855 | 13526.8276 | 103626.4213 | A—180.000 L—68.040 | Mid-point of transition curve |
| C9 | 13499.6337 | 103648.8624 | 13495.6546 | 103640.2358 | R—2500.000 L—53.458 | Starting point of circular curve |
| C10 | 13473.4995 | 103661.1094 | 13469.4185 | 103652.5306 | Mid-point of circular curve | |
| C11 | 13447.5089 | 103673.6582 | 13443.3290 | 103665.1272 | End point of ramp C | |
| Setting out coordinates of ramp D | |||||
| coordinates reference No. | left edge line (in direction of traffic flow) | right edge line (in direction of traffic flow) | remarks | ||
| X | Y | X | Y | ||
| D1 | 13272.0320 | 103728.0355 | 13279.4428 | 103742.2722 | Starting point of ramp D |
| D2 | 13356.3972 | 103684.1196 | 13363.8080 | 103698.3563 | |
| D3 | 13485.7955 | 103616.7620 | 13496.9011 | 103638.0966 | |
| D4 | 13592.2377 | 103561.3540 | 13604.9604 | 103585.7951 | |
| D5 | 13599.6484 | 103575.5904 | |||
| D6 | 13704.9351 | 103502.6899 | Intersection with Red Line at Point 1 | ||
| D7 | 13704.9351 | 103513.0748 | Corner point of Red Line | ||
| D8 | 13708.7946 | 103518.7750 | Intersection with Red Line at Point 2 | ||
| Setting out coordinates of ramp E | |||||
| coordinates reference No. | left edge line (in direction of traffic flow) | right edge line (in direction of traffic flow) | remarks | ||
| X | Y | X | Y | ||
| E1 | 13289.8549 | 103762.2745 | 13282.4440 | 103748.0378 | Starting point of ramp E |
| E2 | 13399.9956 | 103713.9716 | 13388.8863 | 103692.6298 | |
| E3 | 13452.9504 | 103690.9344 | 13441.8885 | 103665.8335 | |
| E4 | 13454.4295 | 103690.3266 | 13443.3290 | 103665.1272 | End point of ramp E |
| Setting out coordinates of the bridge | ||||||
| coordinates reference No. | left side when viewed in direction from Shenzhen towards Hong Kong | right side when viewed in direction from Shenzhen towards Hong Kong | remarks | |||
| X | Y | X | Y | |||
| 1 | 13289.8549 | 103762.2745 | 13272.0320 | 103728.0355 | Starting point of the bridge | |
| 2 | 13062.1908 | 103880.7845 | 13044.3678 | 103846.5456 | R—4000.000 L—1084.173 | Starting point of circular curve |
| 3 | 12984.6664 | 103922.2340 | 12976.9429 | 103908.1645 | Starting point of non-navigational channel bridge | |
| 4 | 12973.8151 | 103902.4666 | 12966.0916 | 103888.3970 | ||
| 5 | 12601.9866 | 104161.4909 | 12592.7203 | 104148.3860 | Mid-point of circular curve | |
| 6 | 12588.9675 | 104143.0788 | 12579.7012 | 104129.9739 | ||
| 7 | 12252.1895 | 104439.5474 | 12241.5128 | 104427.5637 | End point of non-navigational channel bridge | |
| 8 | 12237.1889 | 104422.7105 | 12226.5121 | 104410.7267 | ||
| 9 | 12249.8684 | 104441.6170 | Boundary line between Hong Kong and Guangdong | |||
| 10 | 12239.6169 | 104429.2539 | ||||
| 11 | 12235.4652 | 104424.2470 | ||||
| 12 | 12225.2138 | 104411.8839 | ||||
| 13 | 12183.9276 | 104501.8003 | 12172.9756 | 104490.0676 | End point of circular curve | |
| 14 | 12168.5402 | 104485.3160 | 12157.5883 | 104473.5833 | ||
| Notes: | 1. | Coordinates System is based on Shenzhen Independent Coordinates System. |
| 2. | L is the arc length, R is the radius, A is the parameter of the curve; units are in metres. | |
| 3. | Red Line is the boundary line of the Clearance Area as defined by the setting out coordinates listed in Section I of Part 1. | |
| 4. | The setting out coordinates of ramps A–E and the bridge are shown in the map titled “Setting out Coordinates of Bridge Surface of Shenzhen Section of Shenzhen Bay Bridge” (Map Nos. 3 and 4) in Part 3. |
Section II. Vertical and horizontal limit of Shenzhen section of Shenzhen Bay Bridge
Ramps A–E: Vertically, the upper limit is set at an elevation of +60 m (National Vertical Datum 1985) and the lower limit is the bottom parallel edge lines of the bridge box girders.
The bridge: Vertically, the upper limit is set at an elevation of +160 m (National Vertical Datum 1985) and the lower limit is the bottom parallel edge lines of the bridge box girders.
Horizontally, the boundary of the Shenzhen section of the Shenzhen Bay Bridge is set at 3 m from the outermost left and right edge lines of the Shenzhen section of the Shenzhen Bay Bridge as defined by the setting out coordinates listed in Section I of this Part, and includes the gap between the 2 bridge box girders of the non-navigational channel bridge.
Part 3 — Maps
Schedule 2 — Rights and Obligations Described for Purposes of Section 9 of this Ordinance
[s. 9 & Sch. 3]1.
A pre-existing right or obligation that has arisen by virtue of—
a deportation order made under the Immigration Ordinance (Cap. 115), including an order that is treated as if it were so made pursuant to section 13 of Schedule 2 to that Ordinance;
a removal order made under the Immigration Ordinance (Cap. 115);
an order made under the Prevention and Control of Disease Ordinance (Cap. 599) or its regulations prohibiting a person from leaving Hong Kong without the permission of a health officer; (Replaced 14 of 2008 s. 18)
a licence, permit, approval, certification, registration, enrolment, authorization or any other authority (howsoever described) or exemption (howsoever described) issued or given by the exercise or performance of a statutory power or duty described in Schedule 3, including (but not limited to) a warrant or order that authorizes the arrest (howsoever described) of a person made or issued under an enactment.
Schedule 3 — Statutory Powers and Duties Described for Purposes of Section 1(d) of Schedule 2
[Sch. 2]1.
A statutory power or duty conferred or imposed on—
the Chief Executive (including the Chief Executive in Council), a public officer, public body or public authority; or
a person authorized or appointed by the Chief Executive (including the Chief Executive in Council), a public officer, public body or public authority under an enactment.
2.
A statutory power or duty conferred or imposed on a regulatory body or an officer of it for that body or officer (as the case may be) to—
admit (howsoever described) any person to a profession, trade or business; or
permit any person to engage in (howsoever described) a profession, trade or business.
Schedule 4 — Courts and Court Orders
[ss. 2 & 10]Part 1 — Courts
Court of Final Appeal
Court of Appeal
Court of First Instance
Competition Tribunal (Added 15 of 2014 s. 17)
District Court
Magistrates’ Court
Lands Tribunal
Labour Tribunal
Small Claims Tribunal
Obscene Articles Tribunal
Coroner’s Court
Part 2 — Court Orders Described for Purposes of Section 10 of this Ordinance
1.
A court order in the form of—
an order or direction to the effect that a person shall not leave or be removed from Hong Kong;
a warrant or order that authorizes the arrest (howsoever described) of a person;
a notice issued under section 17A(1) of the Prevention of Bribery Ordinance (Cap. 201);
a detention order authorizing the seizure or detention of any plants, animals, goods, articles, or other things on or after their importation into Hong Kong;
an injunction prohibiting the importation into or exportation from Hong Kong of any plants, animals, goods, articles, or other things.
2.
A court order admitting a person as a barrister or as a solicitor, or appointing a person as a notary public, under the Legal Practitioners Ordinance (Cap. 159).