1989 Ed.]

Immigration

[CAP. 115

39

20385/40

1991

(4) Subsection (3) shall expire on 31 December 1990 unless the Legislative Council by resolution otherwise determines. (Added 3 of 1979 s. 2. Extended L.N. 287 of 1979; L.N. 315 of 1980; L.N. 373 of 1981; L.N. 392 of 1982; L.N. 368 of 1983; L.N. 382 of 1984; L.N. 353 of 1985; L.N. 277 of 1986; L.N. 396 of 1987; L.N. 334 of 1988; L.N. 385 of 1989)

19. Power to order removal

(1) A removal order may be made against a person requiring him to leave Hong Kong.

(a) subject to subsection (3), by the Governor if it appears to him that that person is an undesirable immigrant who has been ordinarily resident in Hong Kong for less than 3 years; or (b) by the Director if it appears to him that that person-

(Amended 31 of 1987 s. 16)

(i) might have been removed from Hong Kong under section 18(1) if the time limited by section 18(2) had not passed; or (ii) has (whether before or after commencement of the Immigration (Amendment) (No. 4) Ordinance 1981 (75 of 1981)) landed in Hong Kong unlawfully or is contravening or has contravened a condition of stay in respect of him; or (Replaced 75 of 1981 s. 7)

(iia) not being a person who enjoys the right of abode in Hong Kong, or has the right to land in Hong Kong by virtue of section 8(1), has contravened section 42; or (Added 31 of 1984 s. 7. Amended 31 of 1987 s. 16)

(iii) being a person who by virtue of section 7(2) may not remain in Hong Kong without the permission of an immigration officer or immigration assistant, has remained in Hong Kong without such permission. (Added 79 of 1982 s. 8)

(2) (Repealed 31 of 1987 s. 16)

(3) A removal order shall not be made under subsection (1)(a) against an immigrant who is a British citizen or a United Kingdom belonger except after consideration by the Governor of the report of a Deportation Tribunal under section 23, unless the Governor certifies that the departure of the immigrant from Hong Kong is necessary in the interest of the security of Hong Kong or for political reasons affecting the relations of Her Majesty's Government in the United Kingdom with another country. (Amended 78 of 1982 s. 5; 31 of 1987 s. 16)

(4) A removal order made against a person shall invalidate any permission or authority to land or remain in Hong Kong given to that person before the order is made or while it is in force.

Page 40
Page 41

40

CAP. 115]

Share This Page