6
CAP. 177]
Registration of Persons
[1989 Ed.
(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.
(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 (Cap. 115),
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.
(Added 32 of 1987 s. 5)
3E. Practice and procedure of Tribunal
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.
(Added 32 of 1987 s. 5)