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Examination
of persons not carrying proof
of identity.
Commencement and discon- tinuance.
(Cap. 1.)
Interpretation.
(Cap. 177, sub. leg.)
(Cap. 177.)
IMMIGRATION (AMENDMENT) (NO. 2) BILL
(b) proceeded against for an offence under ction
17C(3),
he shall be released forthwith unless he may be held in lawful custody for some other reason.
17E. Without prejudice to any other provision of this Ordinance, an immigration officer or immigration assistant may examine any person who is found not to have with him proof of his identity in order to determine whether that person is committing or has committed an offence under section 38(1) or section 41.
PART IVB
PROHIBITION OF EMPLOYMENT OF ILLEGAL IMMIGRANTS
17F. (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 discontinued 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 dis- continuance 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operation of any provision by virtue of an order under subsection (1)(b) as it would have if such provision had been repealed.
17G. (1) In this Part-
"appointed day" means the day last declared under sec- tion 17F(1)(a) for section 171 to come into operation; "approved document" means a document approved by the
Governor under subsection (2)(c)(v);
"certificate of exemption" means a certificate issued by the Commissioner of Registration to a person who by virtue of regulation 25(e) of the Registration of Persons Regulations (relating to the aged, the blind and the infirm) is not required to be registered under the Regis- tration of Persons Ordinance;
"contract of employment" means any agreement, whether in writing or oral, express or implied, whereby one person agrees to employ another and that other agrees to serve his employer as an employee and includes a contract of apprenticeship;
"employee" means any person who has entered into a contract of employment to be employed by any other person as an employee or apprentice;
(Cap. 177.)
(Cap. 177, sub. leg.)
(Cap. 232.)
(Cap. 177.)
Transitional powers of employers.
(Cap. 177.)
IMMIGRATION (AMENDMENT) (NO. 2) BILL
"employer" means any person who has entered into a con- tract of employment to employ any other person as an employee or apprentice, and the duly authorized agent, manager or factor of such first mentioned person; "identity card" includes a document issued by the Commis- sioner of Registration acknowledging that the holder has applied-
(a) to be registered under the Registration of Persons
Ordinance; or
(b) for a new identity card under regulation 13 or 14
of the Registration of Persons Regulations; "official passport" means a passport issued by a foreign Government to an employee of that Government for the purpose of carrying out official duties; "police warrant card" means a warrant card issued under
the Police Force Ordinance;
"record of employees" means a record required to be kept
under section 17K.
(2) Without prejudice to any provision of this Ordin- ance relating to conditions of stay which may be imposed on any person, a person is lawfully employable for the purposes of this Part only if
(a) he is the holder of an identity card;
(b) he is the holder of an official passport; or
(c) he is not required to be registered under the Regis- tration of Persons Ordinance and is the holder of---
(i) a valid travel document;
(ii) a police warrant card;
(iii) a Vietnamese refugee card;
(iv) a certificate of exemption; or
(v) any other document of a type approved by
the Governor by order published in the Gazette.
17H. (1) An employee may be required by his em- ployer to produce for inspection within the time limited by subsection (3)—–
(a) the employee's identity card;
(b) the employee's official passport; or
(c) where the employee is not the holder of an identity card and is not required to be registered under the Registration of Persons Ordinance-
(i) a valid travel document;
(ii) a police warrant card;
(iii) a Vietnamese refugee card or a document issued by the Director acknowledging that the em- ployee is the holder of a Vietnamese refugee card which is reported lost or destroyed;
(iv) a certificate of exemption; or
(v) any other approved document,
held by the employee.
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