Short title and commencement,
Interpretation.
(1948, c. 56.)
(1914, c. 17.)
A BILL
To
Consolidate and amend the law relating to immigration and
deportation.
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1.
PART I.
PRELIMINARY.
This Ordinance may be cited as the Immigration Ordin- ance 1971, and shall come into operation on a day to be appointed by the Governor by notice in the Gazette.
2. (1) In this Ordinance, unless the context otherwise requires-
“alien” means a person who is not a British subject, a British
protected person or a citizen of the Republic of Ireland; "approved landing place” means a place designated by order under
section 56;
"British protected person" has the same meaning as it has in the
British Nationality Act 1948;
"British subject by naturalization in Hong Kong" means-
(a) in relation to a person naturalized after the commence- ment of the British Nationality Act 1948, a British subject to whom a certificate of naturalization has been granted by the Governor; and
(b) in relation to a person naturalized before the commence-
ment of that Act-
(i) a British subject to whom a certificate of naturali- zation was granted by the Government under section 8 of the British Nationality and Status of Aliens Act 1914; and
(ii) a British subject who became such by reason of the fact that his name was included under section 5 of the British Nationality and Status of Aliens Act 1914 in a certificate of naturalization granted by the Govern- ment;
"captain" means master (of a ship) and commander (of an
aircraft);
5
"child" means a legitimate or legitimated child, a stepchild and
a child adopted in a manner recognized by law; "crew", in relation to a ship or aircraft, means all persons actually employed in the working or service of the ship or aircraft, including the captain, and "member of the crew" shall be construed accordingly;
"deportation order" means an order under section 18(1); "detention warrant" means a warrant issued under section 25(1)
or (2);
"Director" means the Director of Immigration, the Deputy Director of Immigration and any assistant director of immigration;
"empowered" means empowered by or under this Ordinance; "entry permit" means an entry permit issued under this Ordin-
ance;
"examination" includes a further examination under section 3(1),
and "examine" shall be construed accordingly;
"identity card" means a card of identity issued under the Regis-
tration of Persons Ordinance;
“immigrant” means any person other than—
(a) a British subject who was born in Hong Kong; (b) a British subject by naturalization in Hong Kong; (c) a British subject by registration in Hong Kong under
section 7(2) of the British Nationality Act 1948;
(d) a British subject who is the wife or child of a person
mentioned in paragraph (a), (b) or (c);
"immigration officer" means any member of the Immigration Service of or above the rank of assistant immigration officer;
"land" means--
(a) enter by land or disembark from a ship or aircraft; and (b) in the case of a person who arrives in Hong Kong other- wise than by land or in a ship or aircraft, land in Hong Kong;
"limit of stay" means a condition of stay limiting the period during which an immigrant may remain in Hong Kong; "owner", in relation to a ship or aircraft, includes any charterer
to whom the ship or aircraft is demised; "passenger" means any person carried in
than a member of the crew;
ship or aircraft other
(Cap. 177.)