HONG
KONG
LEGAL REPORT
THE IMMIGRATION ORDINANCE 1971
(No. 55 of 1971)
Ecclcome No 2
This Ordinance consolidates and revises the immigration and deportation laws. It replaces the Immigration (Control and Offences) Ordinance, the Deportation (British Subjects) Ordinance and the Deportation of Aliens Ordinance by a single code. A number of very important changes have been made to the law governing the control of immigration and the rights of various categories of immigrant.
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Hong Kong belongers. The only persons hitherto recognized by the law as Hong Kong belongers, with the right to live in Hong Kong and to come and go at will, were those who had documentary proof of birth in Hong Kong. In practice, however, British subjects by naturalization in Hong Kong were accepted as belongers, as were British subjects by registration in special circumstances under section 7(2) of the British Nationality Act 1948, and this Ordinance accords them that status in law. It also treats as a Hong Kong belonger a person who is or has been married to, or is the child of, a person who is a belonger by birth, naturalization or such registration.
3. Control of immigration. A right to land in Hong Kong is conferred on resident United Kingdom belongers and Chinese residents, as well as on Hong Kong belongers (section 8). All other persons, whether British subjects or aliens, will continue to be subject to immigration control, and the Ordinance confers on immigration officers a general discretion with respect to the giving or refusal of permission to land in Hong Kong, as is usual in most countries (section 11(1)).
Conditions of stay. The power to impose conditions of stay is retained, and this means in particular that the stay of anyone, other than a person who has the right to land in Hong Kong by virtue of section 8, may be limited (section 11(2)).
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5. Since conditions of stay regulating the taking of employment and certain other matters are invariably imposed in the case of many immigrants, the Ordinance further provides that the Governor in Council may prescribe such conditions by regulation and deems permission to land in Hong Kong to be subject to the prescribed conditions (section 11(3)).
6. New powers are vested in the Governor to curtail a limited stay, to cancel or vary conditions of stay and to impose new conditions (other than a limit of stay) by order applying to all immigrants or to immigrants of any specified class or description (not being persons who have the right to land in Hong Kong). (Section 11(6) and (7)).
7. Removal otherwise than by deportation. The Governor's power to order the removal of illegal immigrants and those in breach of