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Chapter: | 115 | Title: | IMMIGRATION ORDINANCE |
: If this pencil mark appears at the beginning of a provision, that provision is subject to amendments that are already in operation but have not yet been incorporated in its text.
| Cap 115 | Long title | |
| Cap 115 Part I | PRELIMINARY | |
| Cap 115 s 1 | Short title | |
| Cap 115 s 2 | Interpretation | |
| Cap 115 Part IA | RIGHT OF ABODE IN HONG KONG AND RIGHT TO LAND IN HONG KONG* | |
| Cap 115 s 2A | Hong Kong permanent residents enjoy right of abode in Hong Kong | |
| Cap 115 s 2AAA | Right to land in Hong Kong for former permanent residents | |
| Cap 115 Part IB | PROVISIONS RELATING TO PERMANENT RESIDENTS UNDER PARAGRAPH 2(c) OF SCHEDULE 1 | |
| Cap 115 s 2AA | Establishing status of permanent resident under paragraph 2(c) of Schedule 1 | |
| Cap 115 s 2AB | Certificate of entitlement | |
| Cap 115 s 2AC | Issue of duplicate | |
| Cap 115 s 2AD | Appeal | |
| Cap 115 s 2AE | No judicial review before Tribunal's decision | |
| Cap 115 s 2AF | Invalidation of certificate of entitlement issued to unqualified person | |
| Cap 115 s 2AG | Prohibition of making application, etc. for reward | |
| Cap 115 Part II | IMMIGRATION PROCEDURE | |
| Cap 115 s 3 | Arriving ships and aircraft | |
| Cap 115 s 4 | Examination of persons | |
| Cap 115 s 4A | Verification of identity of certain persons by automated means | |
| Cap 115 s 4B | Permission to land given by automated means | |
| Cap 115 s 4C | Examination of persons after the verification of identity by automated means | |
| Cap 115 s 5 | Powers of Director and requirements in relation to examinations under section 4 and verifications of identity under section 4A | |
| Cap 115 s 6 | Returns to be furnished by captains of ships and aircraft, etc. | |
| Cap 115 Part III | CONTROL OF IMMIGRATION | |
| Cap 115 s 7 | General provision as to immigration control | |
| Cap 115 s 7A | (Repealed 28 of 1998 s. 2) | |
| Cap 115 s 8 | (Repealed 88 of 1997 s. 4) | |
| Cap 115 s 9 | Special provisions as to members of crew of aircraft | |
| Cap 115 s 10 | Special provisions as to servicemen | |
| Cap 115 s 11 | Permission to land and conditions of stay | |
| Cap 115 s 12 | Special provisions as to giving of permission to land to members of ship's crew | |
| Cap 115 s 13 | Authority for illegal immigrant to remain | |
| Cap 115 Part IIIA | VIETNAMESE REFUGEES | |
| Cap 115 s 13AA | Application of Part IIIA | |
| Cap 115 s 13A | Special conditions of stay regarding Vietnamese refugees | |
| Cap 115 s 13B | (Repealed 48 of 1992 s. 3) | |
| Cap 115 s 13BA | (Repealed 48 of 1992 s. 4) | |
| Cap 115 s 13C | Designation of refugee centres | |
| Cap 115 s 13D | Detention pending decision as to permission to remain in Hong Kong, or pending removal from Hong Kong | |
| Cap 115 s 13DA | Appeals against transfer on ground of order or good management | |
| Cap 115 s 13E | Removal from Hong Kong of Vietnamese refugees and persons detained under section 13D | |
| Cap 115 s 13F | Review by a Refugee Status Review Board | |
| Cap 115 s 13G | Refugee Status Review Boards | |
| Cap 115 s 13H | Designation of detention centres | |
| Cap 115 Part IV | SUPPLY OF PARTICULARS BY ALIENS AND BY PERSONS STAYING IN HOTELS OR OTHER LODGING PLACES* | |
| Cap 115 s 14 | Aliens to furnish particulars | |
| Cap 115 s 15 | Powers to require alien to produce photographs | |
| Cap 115 s 16 | Changes in furnished particulars | |
| Cap 115 s 17 | Record of visitors to hotels, etc. | |
| Cap 115 Part IVA | REQUIREMENT TO CARRY PROOF OF IDENTITY | |
| Cap 115 s 17A | Commencement and discontinuance* | |
| Cap 115 s 17B | Interpretation | |
| Cap 115 s 17C | Carrying and production of proof of identity | |
| Cap 115 s 17D | Arrest | |
| Cap 115 s 17E | Examination of persons not carrying proof of identity | |
| Cap 115 Part IVB | Prohibition of Employment of Illegal Immigrants and Others* | |
| Cap 115 s 17F | Commencement and discontinuance* | |
| Cap 115 s 17G | Interpretation | |
| Cap 115 s 17H | Transitional powers of employers | |
| Cap 115 s 17I | Offence to be employer of a person who is not lawfully employable | |
| Cap 115 s 17J | Employers to inspect documents of new employee | |
| Cap 115 s 17JA | Employers to inspect regularly Vietnamese refugee cards of employees and termination of employment | |
| Cap 115 s 17K | Records to be kept by employers | |
| Cap 115 s 17L | Powers of enforcement | |
| Cap 115 s 17LA | Production of record or list | |
| Cap 115 s 17M | Offences | |
| Cap 115 s 17N | Presumption | |
| Cap 115 Part V | Power to Remove or Deport | |
| Cap 115 s 18 | Removal of persons refused permission to land and of members of ship's crew who contravene certain conditions of stay | |
| Cap 115 s 19 | Power to order removal | |
| Cap 115 s 20 | Power to deport | |
| Cap 115 s 21 | (Repealed 88 of 1997 s. 11) | |
| Cap 115 s 22 | (Repealed 88 of 1997 s. 12) | |
| Cap 115 s 23 | (Repealed 88 of 1997 s. 13) | |
| Cap 115 Part VI | Supplementary Provisions as to Removal and Deportation | |
| Cap 115 s 24 | Removal by immigration officer under section 18 | |
| Cap 115 s 25 | Removal pursuant to removal order or deportation order | |
| Cap 115 Part VII | Detention | |
| Cap 115 s 26 | Power to detain for inquiry | |
| Cap 115 s 27 | Detention pending examination and decision as to landing | |
| Cap 115 s 28 | (Repealed 48 of 1992 s. 8) | |
| Cap 115 s 29 | Detention for inquiry as to deportation | |
| Cap 115 s 30 | (Repealed 88 of 1997 s. 14) | |
| Cap 115 s 31 | Detention of deportee for inquiries | |
| Cap 115 s 32 | Detention pending removal or deportation | |
| Cap 115 s 33 | Detention of persons on board ships or aircraft | |
| Cap 115 s 34 | Detention of person arrested under section 54(3) | |
| Cap 115 s 35 | General provisions as to detained persons | |
| Cap 115 s 36 | Recognizance as alternative to detention | |
| Cap 115 s 37 | Recovery of cost of maintaining person detained under section 32(1) | |
| Cap 115 Part VIIA | UNAUTHORIZED ENTRANTS | |
| Cap 115 s 37A | Interpretation | |
| Cap 115 s 37B | Declaration of unauthorized entrants | |
| Cap 115 s 37C | Offence by crew etc., of ship carrying unauthorized entrants | |
| Cap 115 s 37D | Arranging passage to Hong Kong of unauthorized entrants | |
| Cap 115 s 37DA | Assisting unauthorized entrant to remain | |
| Cap 115 s 37E | Forfeiture of ships | |
| Cap 115 s 37F | Determination of application for forfeiture | |
| Cap 115 s 37G | Forfeiture of property | |
| Cap 115 s 37H | Compensation for seizure of ship or property | |
| Cap 115 s 37I | Entry of ships with unauthorized entrants may be permitted in certain circumstances | |
| Cap 115 s 37J | Prosecution for acts outside Hong Kong | |
| Cap 115 s 37K | Proof | |
| Cap 115 s 37L | Secretary for Justice to consent to prosecution | |
| Cap 115 s 37M | (Repealed 82 of 1993 s. 10) | |
| Cap 115 Part VIIB | (Omitted as expired¡XE.R. 1 of 2013) | |
| Cap 115 s 37N | (Omitted as expired¡XE.R. 1 of 2013) | |
| Cap 115 s 37O | (Omitted as expired¡XE.R. 1 of 2013) | |
| Cap 115 s 37P | (Omitted as expired¡XE.R. 1 of 2013) | |
| Cap 115 s 37Q | (Omitted as expired¡XE.R. 1 of 2013) | |
| Cap 115 s 37R | (Omitted as expired¡XE.R. 1 of 2013) | |
| Cap 115 s 37S | (Omitted as expired¡XE.R. 1 of 2013) | |
| Cap 115 s 37T | (Omitted as expired¡XE.R. 1 of 2013) | |
| Cap 115 Part VIIC | Torture Claims | |
| Cap 115 Part VIIC Division 1 | Preliminary | |
| Cap 115 s 37U | Interpretation of Part VIIC | |
| Cap 115 s 37V | When torture claim is finally determined | |
| Cap 115 Part VIIC Division 2 | Procedure Relating to Torture Claims | |
| Cap 115 s 37W | Restrictions on persons claiming non-refoulement protection in Hong Kong | |
| Cap 115 s 37X | How torture claim is made | |
| Cap 115 s 37Y | Submission of torture claim form | |
| Cap 115 s 37Z | Effect of making a torture claim | |
| Cap 115 s 37ZA | Duties of claimant | |
| Cap 115 s 37ZB | Power to require information etc. | |
| Cap 115 s 37ZC | Medical examination | |
| Cap 115 s 37ZD | Credibility of claimant | |
| Cap 115 s 37ZE | Withdrawal of torture claim by claimant | |
| Cap 115 s 37ZF | Deemed withdrawal of torture claim on claimant¡¦s departure | |
| Cap 115 s 37ZG | Deemed withdrawal of torture claim on failure to return completed torture claim form | |
| Cap 115 s 37ZH | Order in which claims are processed | |
| Cap 115 s 37ZI | Decision on torture claim | |
| Cap 115 s 37ZJ | Immigration officer to notify decision on torture claim | |
| Cap 115 s 37ZK | Detention pending final determination | |
| Cap 115 s 37ZL | Revocation of immigration officer¡¦s decision to accept torture claim | |
| Cap 115 s 37ZM | Revocation of Appeal Board¡¦s decision to reverse decision rejecting torture claim | |
| Cap 115 s 37ZN | Grounds for revocation decision | |
| Cap 115 s 37ZO | Limitation on subsequent claim | |
| Cap 115 s 37ZP | Processing of subsequent claim | |
| Cap 115 Part VIIC Division 3 | Torture Claims Appeal Board | |
| Cap 115 s 37ZQ | Appeal Board established | |
| Cap 115 s 37ZR | Appeal | |
| Cap 115 s 37ZS | Notice of appeal | |
| Cap 115 s 37ZT | Late filing of notice of appeal | |
| Cap 115 s 37ZU | Practice and procedure of Appeal Board | |
| Cap 115 Part VIIC Division 4 | Miscellaneous | |
| Cap 115 s 37ZV | Notices | |
| Cap 115 s 37ZW | Regulations | |
| Cap 115 s 37ZX | Claimant of substantiated claim may apply for permission to take employment etc. | |
| Cap 115 s 37ZY | Claimant not ordinarily resident in Hong Kong | |
| Cap 115 s 37ZZ | Savings and transitional arrangements | |
| Cap 115 Part VIII | OFFENCES AND FORFEITURE | |
| Cap 115 s 38 | Prohibition of landing and remaining without permission, and penalty for carrying illegal immigrant | |
| Cap 115 s 38AA | Prohibition of taking employment and establishing business, etc. | |
| Cap 115 s 38A | Site controller commits offence if illegal immigrant on construction site, etc. | |
| Cap 115 s 39 | Liability of captain of ship carrying persons seeking to land unlawfully | |
| Cap 115 s 40 | Aircraft passengers arriving without valid travel document | |
| Cap 115 s 41 | Breach of condition of stay | |
| Cap 115 s 42 | False statements, forgery of documents and use and possession of forged documents | |
| Cap 115 s 43 | Breach of deportation order, and landing from ship or aircraft in which removal to be effected | |
| Cap 115 s 43A | Disrupting proceedings of Torture Claims Appeal Board | |
| Cap 115 s 44 | Miscellaneous offences | |
| Cap 115 s 45 | Continuance of an offence | |
| Cap 115 s 46 | Limitation of time for prosecution of summary offences | |
| Cap 115 s 46A | Forfeiture of property other than a ship or vehicle | |
| Cap 115 s 46B | Power to restrain disposal of property | |
| Cap 115 s 47 | Forfeiture of ships and vehicles | |
| Cap 115 s 48 | Determination of applications for forfeiture | |
| Cap 115 s 49 | Security in lieu of detention where application made for forfeiture of ship or vehicle | |
| Cap 115 s 50 | Claims for return of forfeited ships, vehicles or money | |
| Cap 115 Part IX | MISCELLANEOUS | |
| Cap 115 s 51 | Public officers to be subject to Governor's directions | |
| Cap 115 s 52 | Immigration officers to be subject to directions of Director of Immigration | |
| Cap 115 s 53 | Review of decisions of public officers | |
| Cap 115 s 53A | Appeal against removal orders made by Director or Deputy Director of Immigration | |
| Cap 115 s 53B | Removal orders not to be executed pending appeal | |
| Cap 115 s 53C | Dismissal of appeal without hearing | |
| Cap 115 s 53D | Determination of appeals | |
| Cap 115 s 53E | Release of successful appellant | |
| Cap 115 s 53F | Establishment of Immigration Tribunal | |
| Cap 115 s 53G | Practice and procedure of Tribunal | |
| Cap 115 s 54 | Suspension of deportation orders | |
| Cap 115 s 55 | Rescission of deportation orders | |
| Cap 115 s 56 | Miscellaneous powers of immigration officers and immigration assistants | |
| Cap 115 s 56AA | Warrant for entry and search, etc. | |
| Cap 115 s 56A | Exercise by customs officers of certain powers of immigration officers | |
| Cap 115 s 57 | Exercise by police officers of certain powers of immigration officer | |
| Cap 115 s 57A | (Repealed 2 of 2012 s. 3) | |
| Cap 115 s 57B | (Repealed 2 of 2012 s. 3) | |
| Cap 115 s 57C | (Repealed 20 of 1997 s. 25) | |
| Cap 115 s 58 | (Repealed 2 of 2012 s. 3) | |
| Cap 115 s 58A | (Repealed 2 of 2012 s. 3) | |
| Cap 115 s 59 | Power to make regulations | |
| Cap 115 s 59A | Amendment of Schedule 1 | |
| Cap 115 s 60 | Designation of approved immigration anchorages and approved landing places | |
| Cap 115 s 61 | Visa issued in respect of valid travel document and its holder* | |
| Cap 115 s 62 | Presumptions | |
| Cap 115 s 63 | Evidence of certain acts under Ordinance | |
| Cap 115 s 63A | Evidence by certificate | |
| Cap 115 s 63B | Admissibility of copies of records | |
| Cap 115 s 64 | Burden of proving certain matters | |
| Cap 115 s 65 | Recovery of moneys due under recognizance | |
| Cap 115 s 66 | Transitional provisions | |
| Cap 115 s 67 | Transitional provisions in respect of Immigration (Amendment) Ordinance 1997 | |
| Cap 115 Sched 1 | PERMANENT RESIDENTS OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION | |
| Cap 115 Sched 1A | Torture Claims Appeal Board | |
| Cap 115 Sched 2 | TRANSITIONAL PROVISIONS | |
| Cap 115 Sched 3 | TRANSITIONAL PROVISIONS IN RESPECT OF IMMIGRATION (AMENDMENT) ORDINANCE 1997 | |
| Cap 115 Sched 4 | Transitional and Savings Provisions in respect of Immigration (Amendment) Ordinance 2012 (Torture Claims) |