72

CAP. 115]

Immigration

[1989 Ed.

(8) No objection shall be made under this section--

(a) to a warrant of detention issued under section 13A(6); or

(b) to a removal order made by the Director of Immigration or the Deputy Director of Immigration; or

(c) to the decision of an adjudicator; or

(d) to the decision of a public officer in respect of the right of abode in Hong Kong of any person where the Registration of Persons Tribunal has previously determined that that person does not enjoy that right; or (Replaced 31 of 1987 s. 21. Amended 23 of 1989 s. 5)

(e) to any decision in respect of which a right to apply to a Board under section 13F(1) has at any time subsisted; or (Added 23 of 1989 s. 5)

(f) to an order for the removal of a person from Hong Kong under section 13E. (Added 23 of 1989 s. 5)

53A. Appeal against removal orders made by Director or Deputy Director of Immigration

(1) A person against whom a removal order has been made by the Director of Immigration or the Deputy Director of Immigration may appeal to the Tribunal against the removal order on the ground that on the facts of his case

(aa) he enjoys the right of abode in Hong Kong; or (Added 31 of 1987 s. 22)

(a) he has the right to land in Hong Kong under section 8(1); or

(b) he had at the date when the removal order was made the permission of the Director of Immigration to remain in Hong Kong.

(2) A person who wishes to appeal under subsection (1) shall serve written notice of appeal, stating his grounds of appeal and the facts upon which he relies, upon an immigration officer or immigration assistant, within 24 hours of being notified of the removal order under section 19(5):

Provided that such notice shall not preclude such person from raising other facts prior to the determination of his appeal by the Tribunal and relying upon those facts.

(3) Where the Tribunal, upon an examination of-

(a) the written notice of appeal served under subsection (2) on which a person ("the appellant") appealing under subsection (1) seeks to rely; and

(b) the summary or record of the proceedings of the Registration of Persons Tribunal in respect of an unsuccessful appeal by the appellant under section 3D(1) of the Registration of Persons Ordinance (Cap. 177),

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