1980-HKRS28-16-28_Part04 — Page 51

(Cap. 177. Bulk den

Amel

Examinatiom

VÍ PETSOGA It

CRITYINS MONIT

or kentity.

Commencented.

and discon-

musaec.

or in such other manner as is specified in the order by which the authority is givça,

(5) Nothing in this section shall affect the operation of any order made under regulation ID of the Registration of Persons Regulations (relating to the compulsory"carrying of identity cards).

17D. (1) A person referred to in section 170(2)(a), (b) or (c) may arrest without warrant any person who fails to produce for inspection on demand proot of his identity, and in the case of such an arrest by a person referred to in section_17C12Xa) or (2), the person arrested shall if not released be delivered as soon as reasonably practicable into the custody of the officer in charge of a police station.

(2) An arrest carried out under subsection (1) shall not be unlawful by reason only of the fact that the artesked person is a person not required by section 17C(1) to have proof of his identity with him.

(3) Where a person is arrested under subsection (1) otherwise than by an immigration officer or immigration assistant and it appears to the officer in charge of a police station that he may be guilty of an offence under section 38(1) or 41, he shall be taken as soon as is reasonably prac- Ticable to an immigration officer or immigration assistant for examination under section 176.

(4) Where a person who is arrested under subsection (1) otherwise than by an immigration officer or immigration assistant and is not-

(a) taken before an immigration officer or immigration

assistant under subsection (9); or

(6) proceeded against for an offence under section

1700).

he shall be released forthwith unless he may be held in Jawful custody for some other reason.

172. Without prejudice to any other provision of this Ordinance, an immigration officer or immigration assistant may examine any person who is found not to have with him proof of his identity in order to determine whether that person is committing or has committed an offence under section 38(1) or section 41.

PART IVE

PROHIBITION OF EMPLOYMENT OF ILLEGAL IMMIGRANTS

17F. (1) The Governor in Council may from time to lime, by order published in the Gazelle, declare that this Part, or any provision of this Part specified in the order-

(a) shall come into operation;

(b) shall be discontinued in its operation,

(2) Where an order is made under subsection (1)(a), this Part or, as the case may be, any provision specified in The order, shall continue in operation until an order is made

(Cap. 1}

INST DECALOGA.

(Cap. 177, mab. (c)

(Cap. 177.)

(Cap. 1773

(Cap. 177, sub. lcx.)

(Cap 281)

5

in relation to it under subsection (1)(6); and where an order is made under subsection (U(8) in relation to this Part or any provision of it, the operation of this Part or, as the case may be, of that provision shall be discontinued until such time as a further order is made under subsection (1)(a) in relation to it.

(9) Section 23 of the Interprelation and General Clauses Ordinance shall have the same effect in relation to the dis- continuance of the operation of any provision by virtue of an order under subsection (1)(b) as it would have if such provision had been repealed.

176. (0) In this Part-

"appointed day" means the day last declared under sec- tion 17F(0() for section 17T to come into operation; "approved document" means a document approved by the

"Governor under subsection (2)c)(v);

"certificate of exemption" means a certificate issued by the Commissioner of Registration la a person who by virtue of regulation 25(e) of the Registration of PersonEL Regulations (relating to the aged, the blind and the intirn) is not required to be registered under the Regis tration of Persons Ordinance;

"contract of employment" means any agreement, whether in writing of oral, express or implied, whereby one person agrees to employ another and that other agrees to serve his employer as an employee and includes à contract of apprenticeship;

"employee" means any person who has entered into a contract of employment to be employed by any other person as an employee or apprentice;

"employer" means any person who has entered into a con- tract of employment to employ any other person as an employee or apprentice, and the duly authorized agent, manager or factor of such first mentioned person; "identity card" includes a document issued by the Commis- sioner of Registration acknowledging that the holder has applied-

(a) to be registered under the Registration of Persons

Ordinance; or

th) for a new identity card under regulation 13 or 14

of the Registration of Persons Regulations; "official passport" means a passport issued by a foreign Government to an employee of that Government for the purpose of carrying out official duties; "police warrant card" means a warrant card issued under

the Police Force Ordinance;

"record of employees" means a record required to be kept

under section 17K.

(2) Without prejudice to any provision of this Ordin- ance relating to conditions of stay which may be inaposed on any person, a person is lawfully employable for the purposes of this Part only if—