1971-HKRS28-8-38_Part04 — Page 28

Authenticated Laws 確真本香港法例 All

General pro- vision as to immigration control

Right to land in Hong KoDB and to remain free of condi-

tions of stay.

Special pro- viajons as to members of crew of aircraft.

&

(5) The Director of Immigration may exempt from this sec- tion the captains of such ships, or of ships of such class or descrip- tion, as he thinks Gi.

PART III.

CONTROL OF IMMIGRATION.

7. A person may not land in Hong Kong without the permission of an immigration officer unless-

(a) he has the right to land in Hong Kong by virtue of

section 8; or

(b) he may land in Hong Kong without such permission by

virtue of section 9(1) or section 10(1).

8.

(1) The following persons shall have the right to land in Hong Kong, that is to say----

(a) Hong Kong belongers:

(b) resident United Kingdom belongers but subject to section

2006); and

(c) Chinese residents but subject to section 20(6)

(2) A condition of stay, whenever imposed, shall have no effect in respect of a person who has the right to land in Hong Kong by virtue of subsection (1).

9. (1) Where a person who does not have the right to land in Hong Kong by virtue of section 8(1) arrives in Hong Kong as a member of the crew of an aircraft under an engagement requic- ing him to leave within seven days on that or another aircraft as a member of its crew, then unless-

(a) a deportation order is in force in respect of him;

(6) he has at any time been refused permission to land in Hong Kong and has not since then been given permis- sion to land in Hong Kong; or

(c) he is examined under section 4(1)(a) otherwise than for the purpose of establishing that he is such a member of the crew of an aircraft,

he may land in Hong Kong without the permission of an immigra tion officer and remain until the departure of the aircraft on which he is required by his engagement to leave.

(2) For the purposes of this Ordinance, any such person who, having lawfully landed in Hong Kong without the permission of an immigration officer by virtue of subsection (1)—–—

(a) seeks permission to remain in Hong Kong beyond the

time allowed by subsection (1); or

(5) remains in Hong Kong without the permission of an immigration officer beyond the time so allowed or is reasonably suspected by an immigration officer of intend- ing to do so.

shall thereupon be deemed to be a person seeking to land in Hong Kong; and an immigration officer may examine him under section 4(1)(a) within twenty-eight days thereafter or, if at that time he is detained in pursuance of the sentence or order of any court, withio twenty-eight days after his discharge from detention.

(3) Any such person who, having lawfully landed in Hong Kong without the permission of an immigration officer by virtue of subsection (1)

(a) remains in Hong Kong without the permission of an immigration officer beyond the time allowed by sub- section (1); and

(b) does not submit himself to examination under section 4(1)(a) within the period during which in accordance with subsection (2) he may be examined by an immigration officer under that section,

shall on the expiry of that period be deemed for the purposes of this Ordinance to have landed in Hong Kong without the permis- sion of an immigration officer.

10. (1) A serviceman may land in Hong Kong without the Special pro- permission of au immigration officer.

(2) For the purposes of this Ordinance, any such person who ceased to be a serviceman shall thereupon, unless he is a person who has the right to land in Hong Kong by virtue of section 8. be deemed to be a person seeking to land in Hong Kong, and an immigration officer may examine him under section 4(1)(a) within twenty-eight days after-

(a) he ceased to be a serviceman; or

(b) if at the time be ceased to be a serviceman he was detained in pursuance of the sentence or order of any court, bis discharge from detention.

(3) Any such person who does not submit himself to exami- nation under section 40)){a) within the period during which in accordance with subsection (2) be may be examined by an immigra- tion officer under that section shall on the expiry of that period be deemed for the purposes of this Ordinance to have landed in Hong Kong without the permission of an immigration officer.

visions as to servicemen.

1

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