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Ord. No. 32/87 REGISTRATION OF PERSONS (AMENDMENT)
Establishment
registration office, or to register, then in any case where that person is under 18 years of age and there is another perse who stands in relation to him as head of the family---
(a) the presentation or surrender of the identity card or the report, application or registration shall be made by that other person; and
(b) the provisions of this Ordinance and of any regula- tions made thereunder shall be construed as if they expressly required the presentation or surrender of the identity card or the report, application or regis- tration to be made by the head of the family:
Provided that nothing in this section shall prevent a registration officer from accepting, if he thinks fit to do so, any identity card, report, application or registration from a person under 18 years of age where the head of the family has failed to present or surrender the identity card or to make the report, application or registration.
3C. (1) There is hereby established a tribunal to be of Registration known as the Registration of Persons Tribunal.
of Persons Tribunal.
Jurisdiction of Tribunal and determination of appeals.
(2) For the purpose of exercising the jurisdiction of the Tribunal, the Governor shall appoint a chief adjudicator, deputy chief adjudicator and such number of other adjudica- tors as from time to time may be necessary.
(3) The remuneration, if any, of the chief adjudicator, deputy chief adjudicator and other adjudicators shall be determined by the Governor.
3D. (1) The Tribunal shall have jurisdiction to hear and decide any appeal by a person who is aggrieved by a decision of a registration officer not to issue a permanent identity card to that person, or to declare a permanent identity card issued to him to be invalid.
(2) Where a registration officer refuses to issue to a person a permanent identity card or declares a permanent identity card issued to such person to be invalid on the ground that, in the opinion of the registration officer, the person does not have the right of abode in Hong Kong the registration officer shall notify that person of his decision in writing and inform him of his right of appeal under subsection (1).
(3) A person who wishes to appeal under subsection (1) shall serve written notice of appeal, stating his ground of appeal and the facts upon which he relies, upon the Tribunal, within 90 days of his being notified of the decision of the registration officer to refuse to issue him with a permanent identity card or to declare a permanent identity card issued to him to be invalid.
REGISTRATION OF PERSONS (AMENDMENT) Ord. No. 32/87
(Cap. 115.)
Practice and procedure of Tribunal.
(4) An appeal under subsection (1) may only be brought by a person on the ground that on the facts of his case he enjoys the right of abode in Hong Kong and shall succeed if, and only if, the Tribunal determines that he has that right.
(5) Where the Tribunal, upon an examination of— (a) the written notice of appeal served under subsection (3) on which a person (“the appellant") appealing under subsection (1) seeks to rely; and
(b) the summary or record of the proceedings of the Immigration Tribunal in respect of an unsuccessful appeal by the appellant under section 53A(1)(aa) of the Immigration Ordinance,
is satisfied that the facts or matters on which the appellant is seeking to rely are the same or substantially the same facts or matters on which the appellant sought to rely on the appeal to the Immigration Tribunal, it may dismiss the appeal under subsection (1) without a hearing and shall cause written notice of such dismissal to be given or sent by post to the appellant.
(6) The decision of the Tribunal under this section shall be final.
(7) For the avoidance of doubt, it is declared that the service of a written notice of appeal under subsection (3) does not give the person by whom or on whose behalf it is served any right to remain in Hong Kong pending the decision of the Tribunal.
3E. The practice and procedure of, and on appeals under section 3D to, the Tribunal shall be such as may be prescribed in regulations made under section 7.".
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6. Section 4 of the principal Ordinance is amended by deleting "of Amendment of Registration".
section 4.
7. Section 5(1) of the principal Ordinance is amended by deleting Amendment of "of the age of 11 years and upwards, unless exempted or excluded from section 5. the provisions of this Ordinance by regulations made thereunder," and substituting the following-
8.
"who is registered under this Ordinance".
Section 6(1) and (3) of the principal Ordinance is amended by Amendment of deleting "of Registration" wherever it occurs.
9.
Section 7(2) of the principal Ordinance is amended-
(a) in paragraph (a), by inserting after “made” the following—
", and the making of an order by the Commissioner specifying or amending the places at which such application, issue or renewal shall be made";
(b) by inserting after paragraph (g) the following
“(ga) the practice and procedure of, and on appeals to, the
Tribunal;";
section 6.
Amendment of section 7.