1989 Ed.]
Immigration
[CAP. 115
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9. Special provisions as to members of crew of aircraft
(1) Where a person who does not enjoy the right of abode in Hong Kong, or does not have the right to land in Hong Kong by virtue of section 8(1), arrives in Hong Kong as a member of the crew of an aircraft under an engagement requiring him to leave within 7 days on that or another aircraft as a member of its crew, then unless (Amended 31 of 1987 s. 8)
(a) a deportation order is in force in respect of him;
(b) he has at any time been refused permission to land in Hong Kong and has not since then been given permission to land in Hong Kong; or
(c) he is examined under section 4(1)(a) otherwise than for the purpose of establishing that he is such a member of the crew of an aircraft,
he may land in Hong Kong without the permission of an immigration officer or immigration assistant and remain until the departure of the aircraft on which he is required by his engagement to leave.
(2) For the purposes of this Ordinance, any such person who, having lawfully landed in Hong Kong without the permission of an immigration officer or immigration assistant by virtue of subsection (1)—
(a) seeks permission to remain in Hong Kong beyond the time allowed by subsection (1); or
(b) remains in Hong Kong without the permission of an immigration officer or immigration assistant beyond the time so allowed or is reasonably suspected by an immigration officer or immigration assistant of intending to do so,
shall thereupon be deemed to be a person seeking to land in Hong Kong; and an immigration officer or immigration assistant may examine him under section 4(1)(a) within 28 days thereafter or, if at that time he is detained in pursuance of the sentence or order of any court, within 28 days after his discharge from detention.
(3) Any such person who, having lawfully landed in Hong Kong without the permission of an immigration officer or immigration assistant by virtue of subsection (1)—
(a) remains in Hong Kong without the permission of an immigration officer or immigration assistant beyond the time allowed by subsection (1); and
(b) does not submit himself to examination under section 4(1)(a) within the period during which in accordance with subsection (2) he may be examined by an immigration officer or immigration assistant under that section,
shall on the expiry of that period be deemed for the purposes of this Ordinance to have landed in Hong Kong without the permission of an immigration officer or immigration assistant.
(Amended 15 of 1980 s. 10)
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