Contents of Section

Chapter:

115 PDFTitle:IMMIGRATION ORDINANCEGazette Number:
Section:13AHeading:Special conditions of stay regarding Vietnamese refugeesVersion Date:30/06/1997


(1) An immigration officer or a chief immigration assistant may permit any person-

        (a) who was previously resident in Vietnam and who has been examined under section 4(1)(a); or
        (b) who was born after 31 December 1982 and whose father or mother was previously resident in Vietnam and who has been examined under section 4(1)(b), (Amended 31 of 1987 s. 13; 65 of 1989 s. 3)
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)
(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-
        (a) a limit of stay;
        (b) a condition that such person shall reside in a refugee centre specified by an immigration officer or a chief immigration assistant and shall comply with any rules made under section 13C; (Amended 65 of 1989 s. 3)
        (c) a condition that such person shall not-
          (i) take any employment, whether paid or unpaid;
          (ii) establish or join in any business; or
          (iii) become a student at a school, university or other educational institution.
(3) 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-
        (a) if he is made an offer of resettlement elsewhere he shall not without reasonable excuse fail or refuse-
          (i) to accept the offer; nor
          (ii) to comply with any requirement necessary for the completion of the resettlement procedure; and
        (b) if he is required by an immigration officer or a chief immigration assistant to surrender the Vietnamese refugee card held by him, he shall not without reasonable excuse fail or refuse to surrender forthwith the Vietnamese refugee card. (Amended 65 of 1989 s. 3)
(4) 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)
        (a) cancel any condition of stay in force in respect of such person;
        (b) vary any condition of stay (other than a limit of stay) in force in respect of such person;
        (c) vary any limit of stay in force in respect of such person by curtailing or enlarging the period during which such person may remain in Hong Kong.
(4A) 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)
(5) A notice under subsection (2) or (4) shall be given to a Vietnamese refugee in such manner as may be prescribed.
(6)-(11) (Repealed 48 of 1992 s. 2)