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Ord. No. 62/80
Commencement and discon- tinuance,
(Cap. 1.)
Interpretation.
(Cap. 177.)
(Cap. 177, sub. leg.)
(Cap. 220.)
Carrying and
production of proof of identity.
IMMIGRATION (AMENDMENT) (NO. 2)
"PART IVA
REQUIREMENT TO CARRY PROOF OF IDENTIT
17A. (1) The Governor in Council may from time to time, by order published in the Gazette, declare that this Part, or any provision of this Part specified in the order-
(a) shall come into operation;
(b) shall be discontinued in its operation.
(2) Where an order is made under subsection (1)(a), this Part or, as the case may be, any provision specified in the order, shall continue in operation until an order is made in relation to it under subsection (1)(b); and where an order is made under subsection (1)(b) in relation to this Part or any provision of it, the operation of this Part or, as the case may be, of that provision shall be dis- continued until such time as a further order is made under subsection (1)(a) in relation to it.
(3) Section 23 of the Interpretation and General Clauses Ordinance shall have the same effect in relation to the discontinuance of the operation of any provision by virtue of an order under subsection (1)(b) as it would have if such provision had been repealed.
17B. In this Part-
"proof of identity" in relation to any person means-
(a) his identity card;
(b)
(c)
a document issued by the Commissioner of Registra- tion acknowledging that that person has applied-
(i) to be registered under the Registration of Persons Ordinance; or
(ii) for a new identity card under regulation 13 or 14 of the Registration of Persons Regulations;
a valid travel document held by him;
(d) a current driving licence issued to him under the
Road Traffic Ordinance;
(e) documentary proof of identity officially issued to him for the purpose of his service in Her Majesty's regular naval, military or air forces;
(f) a Vietnamese refugee card issued to him; or
(g) any other document of a type approved by the
Governor by order published in the Gazette.
17C. (1) Every person who--
(a) has attained the age of 15 years; and
(b)
or is
(Cap. 177.)
(i) is the holder of an identity card required to apply to be registered under the Registration of Persons Ordinance; or
(ii) is the holder of a Vietnamese refugee card, shall have with him at all times proof of his identity.
(Cap. 177, sub. leg.)
Arrest.
IMMIGRATION (AMENDMENT) (NO. 2)
Ord. No. 62/80
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(2) A person who is required by subsection (1) to have with him proof of his identity shall on demand produce it for inspection by-
(a) any police officer;
(b) any immigration officer or immigration assistant; or (c) any person or member of a class of persons authorized for the purpose by the Governor by order published in the Gazette,
who is in uniform or who produces, if required to do so, documentary identification officially issued to him as proof of his appointment as a police officer, immigration officer, immigration assistant or, as the case may be, person authorized under paragraph (c).
(3) Any person who fails to produce proof of his identity for inspection as required by subsection (2) commits an offence and is liable on conviction to a fine of $1,000:
Provided that it shall be a defence in proceedings for an offence under this subsection for the person charged to prove that he had reasonable excuse for failing to produce proof of identity.
(4) In respect of any failure to produce proof of identity for inspection as required by subsection (2), it shall be reasonable excuse for the purposes of subsection (3) if at the date of the alleged offence the defendant had no proof of identity with him because all proof of identity of which he was the holder, including any document specified in section 17B(b)(ii), had been lost or destroyed and-
(a) he had reported the loss or destruction to a police officer at a police station or, in the case of an identity card, to the Commissioner of Registration or to any assistant commissioner, district registrar or registrar, of registration; or
(b) he had had no opportunity so to report the loss or
destruction.
(5) Where the Governor authorizes any person or class of persons for the purposes of subsection (2)(c) he may limit the authority of such persons to such area, place or occasion or in such other manner as is specified in the order by which the authority is given.
(6) Nothing in this section shall affect the operation of any order made under regulation 11(1) of the Registration of Persons Regulations (relating to the compulsory carrying of identity cards).
17D. (1) A person referred to in section 17C(2)(a), (b) or (c) may arrest without warrant any person who fails to produce for inspection on demand proof of his identity, and in the case of such an arrest by a person referred to in section 17C(2)(a) or (c), the person arrested shall if not released be delivered as soon as reasonably practicable into the custody of the officer in charge of a police station.
(2) An arrest carried out under subsection (1) shall not be unlawful by reason only of the fact that the arrested