TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 237

(Cap. 221.)

Examination of persons.

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"re-entry permit" means a re-entry permit issued under this

Ordinance;

"removal order" means an order under section 17(1);

"serviceman" means a person, not being locally engaged, who is a serving member of Her Majesty's regular naval, military or air force service;

"specified country" means a country or territory—

(a) of which a person who is to be removed from Hong

Kong is a national or a citizen;

(b) in which that person has obtained a travel document; (c) in which that person embarked for Hong Kong; or

(d) to which an immigration officer has reason to believe

that that person will be admitted;

"travel document" means a valid passport furnished with a photo- graph of the holder, or some other document establishing to the satisfaction of an immigration officer the identity and nationality of the holder.

(2) References in this Ordinance to landing in Hong Kong unlawfully are references to landing in or entering Hong Kong in contravention of this Ordinance, the repealed Immigration (Control and Offences) Ordinance or the repealed Immigrants Control Ordinance.

(3) References in this Ordinance to an offence under this Ordinance include references to an offence under section 90(1) of the Criminal Procedure Ordinance where the arrestable offence which a person has committed is an offence under this Ordinance.

PART II.

CONTROL OF IMMIGRATION.

3. (1) For the purposes of this Ordinance, an immigration officer may-

(a) subject to subsection (2), examine any person on his

arrival in or prior to his departure from Hong Kong;

(b) examine a person at any time if he has reason to believe that such person is committing or has committed an offence under section 33(1)(b) or section 37,

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and a person who is so examined may be required by an immigra- tion officer to submit to further examination.

(2) A person who satisfies an immigration officer that he is a serviceman shall not be examined further under subsection (1)(a) on his arrival in or prior to his departure from Hong Kong.

4. (1) The Director may require the captain of a ship or aircraft to produce in such manner as the Director may specify for examination under section 3(1)(a)~-

(a) the passengers arriving or departing in that ship or air-

craft; and

(b) the members of the crew of that ship or aircraft.

(2) A requirement under subsection (1)—

(a) shall be deemed to be made to the captain of the ship or aircraft if it is made to the owner of the ship or air- craft of his agent;

(b) may relate to all or any of the passengers or all or any of the members of the crew or to all or any of both;

(c) may be made generally for all occasions or, without prejudice to any general requirement which may be in force, for any particular occasion.

(3) An immigration officer may require a person to proceed to such place as he may specify for the purpose of examination under section 3(1).

(4) Any person, other than a serviceman, being examined under section 3(1)(a) shall—

(a) produce a valid travel document, entry permit or re-entry

permit; and

(b) subject to subsection (8), furnish an arrival or departure

card in the prescribed form, duly completed, if—

(i) he is over the age of fifteen years; or

(ii) not being accompanied by an adult, he is over the age of seven years.

(5) An immigration officer may require any person, other than a serviceman, being examined under section 3(1) to-

(a) declare whether or not he is in possession of any docu- ments of any description specified by that officer, being a description appearing to the officer to be relevant for the purposes of the examination; and

(b) produce to the officer any such documents which are

in his possession.

Powers of Director and requirements in relation to examinations under section 3(1).