Forgery
of passport
or making
of untrag statement
to procure
a passport.
16 & 18 Gea. 5. c. 86.
8. 36.
Possex-
sink of passport
false in a material particular to be an
offence and
onus of providing falsity OT
otherwise to shift
in certain circum- stances.
"material particular" includes particulars of the name, national status, place and date of birth, photograph and signature or other mark;
"passport" means a passport issued by or on behalf of (a) Her Majesty's Government in the United Kingdom or (b) the Governor of any Colony, Territory under Her Majesty's protection through Her Majesty's Government in the United Kingdom, or United Kingdom Trust Territory,
The forgery of any passport, or the making by any person of a statement which is to his knowledge untrue for the purposes of procuring a passport, whether for himself or any other person, shall be a misdemeanor punishable with a fine of five thousand dollars and imprisonment for two years.
4. (1) It shall be an offence to be the holder of a passport which is false in any material particular: Penalty: a file of two thousand dollars and imprisonment for one year.
(2) Whenever a person is charged with an offence against this section and it is proved that any material particular in the passport is incorrect the onus of proving that he was unaware that such material particular was incorrect shall lie upon him and unless he discharges such onus he shall be guilty of an offence against this section.
(3) Whenever the holder of a passport is charged with an offence against this section and it is proved-
(a) that he is the holder of a passport, travel document or identity card which contains any material particular differing from a material particular in the passport alleged to be false; or
(b) that he has given any material particular to any public officer which does not tally with a material particular in the passport alleged to be false;
he shall be guilty of an offence against this section unless he can satisfy the magistrate before whom he is charged either that the material particular in the passport is correct or that he was unaware that such material particular was incorrect,
Whenever the holder of a passport is charged with an offence against this section and the passport states that the holder is born in Hong Kong and it is proved that such holder bas
given to a police or other public officer any particular concerning any person whom he claims to be his relative which is in conflict with any particular in the register of births kept under the Births and Deaths Registration Ordinance the magistrate shall require (Cap. 174), such holder to prove that he was born in Hong Kong and failing such proof such holder shall be guilty of an offence against this section unless the magistrate is satisfied that such holder genuinely believed he was born in Hong Kong.
5. The Passport (Miscellaneous Offences) Ordinance is Repeal of Cap. 219. hereby repealed.
Passed the Legislative Council of Hong Kong, this 30th day of April, 1952.
Deputy Clerk of Councils.