1940-HKRS28-8-1_Part02 — Page 36

Authenticated Laws 確真本香港法例 All

Provisions Go Trac

vias and hwiting

endome- tenta,

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 Goaba women; and

(d) in the case of a person who is neither a British subject nor a British protected person, it beare a visa, by a British Consular Officer in a foreign country or state or by a duly authorized official in some part of His Majesty's dominions, or in any British protectorate or protected state or any territory in respect of which a mandate on behalf of the League of Nations has been accepted by His Majesty which was granted not more than one year before the arrival 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 auy agreement, applicable to this Colony, between His Majesty's Government in the United Kingdom or the Government of this Colony and any other Government, for the mutual abolition or waiver of visas.

11-(1) The holder of a valid passport or travel docu- inent or entry permit with a visa authorizing transit only through the Colony shall not remain in the Colony longer than is reasonably necessary to enable him to tranship or to find other means by which to proceed to his destination; and the holder of a passport, travel document or entry permit with a visa authorizing 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 Immigration Officer for which consent there shall be charged either the 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, travel docu- inent or entry permit 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 Immigration Officer to make an endorsement thereon, without fee, defining a limited period during which the alien may stay in the Colony.

(3) The holder of a valid passport, travel document or entry permit which bears no endorsement defining a lunited 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 Immigration Officer, for which consent the fee of $5 shall be paid unless reciprocal arrangements exist with the country of which the holder is a national for dispensing with fees for permits of the same or similar effect.

Permits &

12-(1) The Immigration Officer may issue Entry Entry Permits. Frontier Passes and Certificates of Residence (in Certificates such forms and on payment of the fees specified in the of Schedule or of such other fees as the Governor in Council Besidence. may prescribe) to such porsons as he may deem to be entitled Schedule, thereto.

(2) The Immigration Officer shall not, however, unless authorized thereto by the Governor in Council or the Court under section 19 or by regulation or exemption by the Governor in Council under section 20, issue such permits, passes or certificates to any person who-

(a) is diseased, maimed, blind, idiot, lunatic or decrepit. and without the means of subsistence and may be hindered by his state from earning a livelihood;

(b) cannot show that he has in his possession, or that he is physically able to earn, the means of decently supporting himself and his lopendants if any, or that he will be able to obtain such support in the Colony;

(a) is a professional beggar or vagrant on a person likely to become a charge upon the public or upon any public charitable institution;

(d) is u person suffering from a contagious disease which is loathsome or dangerous;

(e) being a person for whom a passport is necessary, is not in possession of a valid passport, or is in possession of a forged or altered passport or of a passport which does not comply with any regulation in force relating to passports;

() has been deported, banished or expelled from any conlry or state or has been shipped by the Government authorities of any country or state with a view to his being repatriated;

(a) is suspected of being likely to promote sedition or to cause a disturbance of public tranquillity;

(A) cannot show that be has definite employment await- ing him, or that he has a reasonable prospect of obtaining employment;

() is a prostitute or a person living on the earnings of prostitution;

is not in possession of such certificates as may be required under Quarantine Regulations for the time being in force; or

() is prohibited from entering the Colony under any enactment for the time being in force.

(3) The master of every ship having or suspecting that he bas on board persons of the classes mentioned in sub-section (2) shall give to the Immigration Officer such information as he may have concerning them.

18.(1) The Immigration Officer may by order, notice Conditions or otherwise impose such conditions either general or special attached in

may he

as he may deer fit to attach to any permission granted to a permission person described in paragraph (a) or (b) of section 9 to land toad or or disembark, whether for the purpose of residence or Bojourn

in the Colony or for trayshipment at a port in the Colony or in the case of a through passenger. luring the stay in port

of the ship in which he arrived, and may at any time vary or add to such conditions as he may deem ft.

disembark.

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