TNAG-0271-FCO40-307-Legislation-on-immigration-and-deportation-in-Hong-Kong-1971 — Page 134

0003230

G.F. 323

CONFIDENTIAL

Special pro- visions as

to grant of permission to land to members of ship's crew.

8.

An immigration officer may permit a person who is a

member of the crew of a ship to land in Hong Kong notwithstand-

ing that he has not been examined under section 5; and in any

such case notice of any landing condition to which such permis-

sion is subject shall be deemed to have been given to such

person if it is given to the master of the ship.

Application of Ordinance to person who ceases to be a serviceman.

9.

(1) For the purposes of this Ordinance, a person who

ceases to be a serviceman shall thereupon be deemed to be a

person seeking to land in Hong Kong; and an immigration officer

may examine him under section 5 within twenty-eight days after

(a) he ceased to be a serviceman; or

(b) if at the time he ceased to be a serviceman he was

detained under a sentence or order passed or made by

any court on a conviction of an offence, his discharge

from detention.

(2) Any such person who does not submit himself to examina-

tion under section 5 within the period during which in accordance

with subsection (1) 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 permission of an immigration officer.

Authority for illegal immigrant to remain.

10. (1) The Director may at any time authorize a person

who commits an offence under subsection (1) of section 31 to

remain in Hong Kong, subject to such conditions as he thinks fit, whether or not such person has been convicted of that offence.

(2) Subsection (1) is without prejudice to the application

of section 5 to any such person who has on the occasion in

question been in Hong Kong for less than twenty-eight days.

CONFIDENTIAL