24

2.6

27

Require- ments for the validity

of passports and travel documents.

Valid

passport or travel document implies no right to

land or to stay in the Colony.

Provisions as to transit visas and limiting endorse ments,

Y

9. No passport or travel document shall be deemed to be valid unless---

(a) an indication, either specific or in general terms, which is not invalidated by any other indorsement, appears thereon to the effect that the passport or travel document is valid for Hong Kong:

(b) it was issued or renewed to the holder, in the case of a passport, by or on behalf of the Government of the Country or State of which he is a subject or citizen, and in the case of a travel document, by a competent Official, not more than five years before the arrival of the holder in the Colony, and that it is still within the period of its validity if any such period be stated.

(c) it has a photograph of the person or persons to whom it relates so affixed as to obviate the possibility of its removal and the substitution of another photograph: Provided that this paragraph shall not apply in the case of any Pardanashin or Gosha woinan, and

(d) in the case of a person who is neither a British subject nor a British protected person, it bears a visa. by a British Consular Officer in a foreign Country or State or by a duly authorised Official in some part of His Majesty's dominions which was granted not more than one year before the arrivar of such person in the Colony and is still within the period of its validity, and which is either specifically or generally applicable to the journey on which the holder is engaged or which he has completed by his arrival in the Colony: Provided that this paragraph shall not apply in the case of a person included in any agreement, applicable to this Colony, between His Majesty's Government or the Govern. ment of this Colony and any other Government, for the mutual abolition or waiver of visas.

10. Neither the possession of a valid passport or travel document nor any visa or endorsement thereon shall be deemed to imply that the holder will be permitted to land in the Colony, or, if allowed to land, that he will be permitted to stay in the Colony; nor shall it serve as any excuse for disobeying any deportation, banishment or expulsion order.

11. (1) The holder of a valid passport or travel document with a visa authorising transit only through the Colony shall not remain in the Colony longer than is reason- ably necessary to enable him to trans-ship or to find other means by which to proceed to his destination; and the holder of a passport or travel document with a visa authorising direct transit only shall proceed to his destination by the earliest means of transport of which he can reasonably avail himself: Provided that in either case the duration of the stay in the Colony of any such holder may be extended with the consent in writing of the Inspector General of Police, for which consent there shall be charged either the Official Signature fee of $5 or a fee equal to the difference between the cost of a transit visa and the cost of an ordinary visa in the case in question, whichever fee be the higher.

(2) Where the holder of a valid passport or travel document is an alien, who has not resided in the Colony for more than one month since his last arrival therein, it shall be lawful for the Inspector General of Police to make an endorsement thereon, without fee, defining a limited period during which the alien may stay in the Colony,

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(3) The holder of a valid passport or travel document which bears an endorsement defining a limited period of stay in the Colony shall not remain in the Colony after the period has expired Provided that the period of his stay may be extended with the consent in writing of the Inspector General of Police, for which consent the Official Signature fee of $5 shall be paid.

on demand.

12. Every person who possesses a passport or other Production official document tending directly or indirectly to establish of documents his identity, nationality or occupation, or any absolute or conditional liability on his part to any naval, military of air-force service under any country or state whatsoever, shall upon demand by any police officer produce such passport or other document forthwith for inspection or for endorsement.

PART III.

General.

a

fine not

13. (1) Every person who contravenes any of the Penalties. provisions of this Ordinance shall be guilty of an offence and shall be liable, upon summary conviction, to exceeding two hundred and fifty dollars and to imprisonment for any term not exceeding six months.

(2) Every person who lands without the permission of the authorised police officer under section 2 (3), or who lands without such permission after permission to land has been refused under section 3 (3) or section 4 (1), or who con- travenes any of the provisions of section 8 or section 11. shall be guilty of an offence and shall be liable, in addition

to the penalties imposed by sub-section (1), to be expelled

from the Colony by order of the convicting magistrate.

(3) Any such order shall have the effect of authorising

any police officer to arrest and detain such person and to do

all such other acts as may be necessary to enable such person

to be expelled from the Colony by such ship or route as the Governor may determine.

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14. It shall be lawful for any Police officer authorised Arrest and thereto in writing by the Inspector General of Police, either search. generally or for a particular occasion, to enter any place or vessel (not being or having the status of a ship of war), and to arrest any person whom he may reasonably suspect of having committed an offence against any provision of this Ordinance, and to search any such person and the effects of any such person: Provided that no female shall be searched except by a female.

15. The Passports Ordinance, 1923, is repealed.

Repeal of Ordinance No. 35 of 1923.

ment.

16. This Ordinance shall not come into operation unless Commence- the Governor notifies by Proclamation that it is His Majesty's pleasure not to disallow the same and thereafter it shall come into operation upon such day as the Governor shall notify by the same or any other Proclamation.

Passed the Legislative Council of Hong Kong, this 17th day of May, 1934.

R. A. C. NORTH,

Deputy Clerk of Councils,

END

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