TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 239

Special pro- visions as to giving of per- mission to land to members of ship's crew.

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

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shall thereupon be deemed to be a person seeking to land in Hong Kong; and an immigration officer may examine him under section 3(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, within twenty-eight days after his discharge from detention.

(3) Any such immigrant 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 3(1)(a) within the period during which in accordance with subsection (2) he 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 permis- sion of an immigration officer.

7. An immigration officer may permit an immigrant who is a member of the crew of a ship to land in Hong Kong not- withstanding that he has not been examined under section 3(1)(a); and in any such case notice of any condition of stay imposed in respect of the immigrant shall be deemed to have been given to such immigrant if it is given to the captain of the ship or the owners or agents of the ship.

8. (1) For the purposes of this Ordinance, an immigrant 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 3(1)(a) 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 de- tained in pursuance of the sentence or order of any court, his discharge from detention.

(2) Any such person who does not submit himself to exam- ination under section 3(1)(a) within the period during which in accordance with subsection (1) he may be examined by an im- migration 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.

9.

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The Director may at any time authorize an immigrant who landed in Hong Kong unlawfully to remain in Hong Kong, subject to such conditions of stay as he thinks fit, whether or not such person has been convicted of that offence, and section 5(5) and (6) shall apply in the case of any such immigrant as it applies to an immigrant who has been given permission to land in Hong Kong under section 5(1).

PART III.

IMMIGRATION PROCEDURE.

10. (1) Subject to subsection (6), the captain of a ship shall, on the arrival of the ship in Hong Kong, hoist the prescribed immigration examination signal and shall keep the same hoisted until an immigration officer permits him to lower it.

(2) An immigration officer may, on the arrival of a ship in Hong Kong, require the captain-

(a) to anchor or moor the ship at such place as he may specify, being a place at which the captain considers that the ship may safely be moored or anchored;

(b) to keep the ship in such place so long as may be neces-

sary for the purposes of this Ordinance,

but a requirement under this subsection shall cease to have effect if the captain is required by or under any other Ordinance to move the ship to another place.

(3) Except with the permission of the Director, no person other than a pilot or health officer in the course of his duty shall- (a) board or leave a ship which has arrived in Hong Kong;

or

(b) be within thirty yards of any such ship, otherwise than

on a wharf or pier,

until the immigration examination signal is lowered.

(4) Except with the permission of the Director, no thing shall be removed from or taken or placed on board a ship which has arrived in Hong Kong until the immigration examination signal is lowered.

(5) The captain of an aircraft arriving in Hong Kong shall not land the aircraft except at an approved landing place.

(6) The Director of Immigration may exempt from sub- section (1) the captains of such ships, or of ships of such class or description as he thinks fit.

Authority for illegal immigrant

to remain.

Immigration signals etc.