At present section 5 of the Registration of Persons Ordinance (Chapter 177) requires persons registered under the Ordinance to use their name and numbers on their identity card in all dealings with the Government, but failure to do so carries no penalty. Section 5 will therefore be amended to include a maximum penalty of 1 year's imprisonment and a fine of $5,000.
A clear definition of 'document of identity' and 'certificate of identity' will be introduced. The forgery and fraud of such documents are offences under section 42 of the Immigration Ordinance (Chapter 115).
The opportunity is taken to make a consequential amendment to section 57(1) of the Immigration Ordinance (Chapter 115) by inserting in it a reference to the recently enacted subsection 1(A) of section 56. This will ensure that the Commissioner of Police may still authorise Police officers to exercise powers given by the Ordinance to Immigration officers,
The object of the proposed Registration of Persons (Amendment) Regulations 1981 at Annex D is principally to prevent persons in Hong Kong who are in breach of a limit of stay from registering for identity cards. This is by amendment of regulation 5(1A) which at present only applies to illegal immigrants.
Financial and Staffing Implications
15
The proposed amending legislation does not involve financial or staff commitments.
Public Reaction
16
There is unlikely to be any public sympathy for people involved in forgery or trafficking in forged documents of identity. No adverse public reaction to the proposed increase in penalties for these offences is therefore envisaged. Some concern may be expressed about the proposal to penalise those persons who neglect or fail to use the name and number on their identity cards in their dealings with Government.
G.S. 166
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