1989 Ed.]
Immigration
[CAP. 115
71
(2) Any immigration officer or immigration assistant shall, in the exercise or performance of any powers, functions or duties under this Ordinance, comply with any directions given by the Director of Immigration under subsection (1) in addition to complying with directions given by the Governor under section 51(1). (Amended 57 of 1972 s. 11)
(3) Directions given under subsection (1) shall not be inconsistent with directions given by the Governor under section 51(1).
53. Review of decisions of public officers
(1) Subject to subsection (8), any person aggrieved by a decision, act or omission of any public officer taken, done or made in the exercise or performance of any powers, functions or duties under this Ordinance may by notice in writing lodged with the Chief Secretary within the time prescribed in subsection (2) object to that decision, act or omission. (Amended 62 of 1980 s. 8)
(2) An objection under subsection (1) shall be lodged within the period hereinafter specified after the person aggrieved was informed of the decision, act or omission or the same became known to him (whichever is the earlier), that is to say-
(a) within 24 hours, in the case of a person who, having landed in Hong Kong unlawfully, has been in Hong Kong in the opinion of the Director for less than 10 days; (Amended 75 of 1981 s. 9)
(b) within 14 days, in any other case.
(3) An objection under subsection (1) by a person referred to in subsection (2)(a) shall be considered by the Governor; any other objection under subsection (1) shall be considered by the Governor in Council.
(4) On consideration of an objection under subsection (1), the Governor or the Governor in Council, as the case may be, may confirm, vary or reverse the decision, act or omission of the public officer or substitute therefor such other decision or make such other order as he thinks fit.
(5) The Governor in Council may at any time of his own motion vary or reverse any decision, act or omission of any public officer taken, done or made in the exercise or performance of any powers, functions or duties under this Ordinance or substitute therefor such other decision or make such other order as he thinks fit.
(6) Nothing in this section entitles a person to object under this section to any decision, act or omission of the Governor, the Governor in Council or any court or entitles the Governor in Council to review any decision, act or omission of a court.
(7) For the removal of doubt, it is hereby declared that the lodging of an objection does not give the person by whom or on whose behalf it is lodged the right of abode in Hong Kong or right to land or remain in Hong Kong pending the decision on the objection of the Governor or the Governor in Council. (Amended 31 of 1987 s. 21)