Cap 218 s 29 Power to prevent departure from Hong Kong (TRAVEL AGENTS ORDINANCE)

Contents of Section

Chapter:	218	Title:	TRAVEL AGENTS ORDINANCE	Gazette Number:	25 of 1998 s. 2
Section:	29	Heading:	Power to prevent departure from Hong Kong	Version Date:	01/07/1997

Remarks:

Amendments retroactively made - see 25 of 1998 s. 2

(1) If the Registrar satisfies a magistrate, by statement made on oath-

(a) that in his opinion a person associated with the business of a travel agent in respect of which an investigation is being conducted under section 21 is likely to be able to assist him in connection with the investigation by producing such documents or giving such evidence as the Registrar may require under section 22; and

(b) that there are reasonable grounds for believing that the person intends to depart, or has departed from Hong Kong to reside elsewhere,

and if the magistrate is satisfied that it is in the public interest to ensure that the person does not depart from Hong Kong, or if he returns, does not depart again, without first assisting the Registrar in connection with the investigation as aforesaid, he shall make an order ("a prohibition order") and issue the same to the Director of Immigration and the Commissioner of Police directing them to prevent the person from departing from Hong Kong without so assisting the Registrar.
(2) The magistrate shall, as soon as practicable after he makes a prohibition order under subsection (1), cause a copy of it to be served upon the person who is the subject of the order, if he can be found.
(3) Whether or not a copy is served under subsection (2), the order comes into force immediately upon being made and continues in force until-

(a) assistance has been given to the satisfaction of the Registrar in connection with the investigation as aforesaid; or

(b) the prohibition order is set aside by the Court of First Instance under subsection (10). (Amended 25 of 1998 s. 2)

(4) Where-

(a) an immigration officer or immigration assistant within the meaning of section 2(1) of the Immigration Ordinance (Cap 115); or

(b) a police officer,

believes on reasonable grounds that-

(i) a person the subject of a prohibition order made under subsection (1) is about to depart from Hong Kong; and

(ii) the Registrar has not authorized the person to depart from Hong Kong nor has the Court of First Instance suspended or otherwise varied the prohibition order so as to permit the person to depart from Hong Kong, (Amended 25 of 1998 s. 2)

he may take such measures including the use of such force as may be necessary to prevent the departure of that person from Hong Kong.
(5) Where-

(a) a copy of a prohibition order has been served on the person the subject of it or the person has been verbally advised of its existence by a person referred to in subsection (4)(a) or (b); and

(b) the Registrar has not authorized the person to depart from Hong Kong nor has the Court of First Instance suspended or otherwise varied the prohibition order so as to permit the person to depart from Hong Kong, (Amended 25 of 1998 s. 2)

the person commits an offence if he departs or attempts to depart from Hong Kong, and an immigration officer, immigration assistant or police officer may arrest him without a warrant.
(6) Any person who commits an offence under subsection (5) is liable to a fine of $10000 and to imprisonment for 6 months.
(7) Where a prohibition order made under this section is in force, the Registrar may, if he thinks fit, on the written application of the person the subject of the order or, in the absence of any such application, of his own initiative, authorize, in writing, the person to depart from Hong Kong on one or more occasions as specified in the authorization.
(8) Where-

(a) assistance has been given to the satisfaction of the Registrar in connection with the investigation as aforesaid;

(b) a prohibition order is set aside or temporarily suspended under this section; or

the Registrar shall, as soon as practicable, notify-

(i) the Director of Immigration; and

(ii) the Commissioner of Police,

that the person is permitted to depart from Hong Kong.
(9) Where a person the subject of a prohibition order applies under subsection (7) and the Registrar does not see fit to authorize his departure, the Registrar shall, as soon as practicable, serve a notice ("notice of decision") upon the person.
(10) A person aggrieved by a prohibition order under subsection (1) or a notice of decision under subsection (9), as the case may be, may appeal to the Court of First Instance which may- (Amended 25 of 1998 s. 2)

(a) make an order setting aside the prohibition order subject to such conditions as the Court may consider necessary;

(b) make an order temporarily suspending or otherwise varying the prohibition order, and the Court may attach such conditions to the suspension or variation as it considers necessary; or

(11) Service of-

(a) a copy of a prohibition order under subsection (2) shall be effected personally on the person who is the subject of it;

(b) a notice of decision under subsection (9) may be effected personally on the person who is the subject of it or by post addressed to that person at his last known place of abode, business or employment.

(12) Where a prohibition order was made by a magistrate under section 29 as repealed by the Travel Agents (Amendment) Ordinance 1994 (39 of 1994) and where such an order was in force immediately prior to the commencement of that Ordinance, that order shall be deemed to be a prohibition order made under this section and the provisions of this section shall apply to it accordingly.
(13) In this section, "Court of First Instance" (原訟法庭) has the same meaning as in section 2 of the High Court Ordinance (Cap 4) and includes the "Registrar" and a "Master" as defined in that Ordinance. (Amended 25 of 1998 s. 2)
(14) The Registrar may apply ex parte to the magistrate for a prohibition order.
(15) In any proceedings in the magistrate's court under this section, the Registrar may appear in person or may be represented either by a legal officer within the meaning of the Legal Officers Ordinance (Cap 87) or by any other person authorized in writing by the Registrar.

(Replaced 39 of 1994 s. 2)