Cap 115 s 13AA Application of Part IIIA (IMMIGRATION ORDINANCE)

Contents of Section

Chapter:	115	Title:	IMMIGRATION ORDINANCE	Gazette Number:	8 of 1998
Section:	13AA	Heading:	Application of Part IIIA	Version Date:	09/01/1998

(1) This Part does not apply to or in relation to a person in any case where-

(a) the person arrives or lands in Hong Kong on or after the commencement of this section; or

(b) the person arrives or lands in Hong Kong before the commencement of this section but is not detained under this Ordinance in connection with that arrival or landing until on or after that commencement.

(2) 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-

(a) all rights conferred on the person under this Part in respect of that arrival or landing or that period shall be extinguished; and

(b) no proceedings shall lie under this Part in respect of that arrival or landing or that period.

(3) (a) Except as provided in paragraph (b), subsection (2) applies whether the removal or departure referred to in that subsection is effected before, on or after the commencement of this section.

(b) Subsection (2) does not apply in relation to a removal or departure from Hong Kong effected before the commencement of this section in any case where the person so removed or so departing-

(i) before that commencement, again arrived or landed in Hong Kong and had been detained under this Ordinance in connection with that arrival or landing; and

(ii) since the arrival or landing referred to in subparagraph (i), has not been removed from Hong Kong under this Ordinance and has not departed Hong Kong voluntarily.

(Added 8 of 1998 s. 2)

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Note:
This section was added by s. 2 of 8 of 1998. As to the operation of that s. 2, please see s. 1(2) and (4) of 8 of 1998, which reads as follows-

"(2) Section 2 of this Ordinance shall be deemed to have come into operation on 9 January 1998.

(4) Subsection (2) shall not give retrospective effect to any provision of this Ordinance creating any criminal offence or providing for any increase in the penalty for a criminal offence and, accordingly-

(a) no person shall, by virtue of that subsection, be held guilty of any criminal offence on account of any act or omission which did not constitute a criminal offence, under Hong Kong or international law, at the time when it was committed; and

(b) no heavier penalty shall, by virtue of that subsection, be imposed for the commission of a criminal offence than the one that was applicable at the time when the criminal offence was committed.".