TNAG-0319-FCO40-355-Legislation-for-immigration-and-deportation-in-Hong-Kong-1971 — Page 241

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Removal of

persons refused permission to land and of members of

ship's crew who contra- vene certain

conditions

of stay.

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(3) The keeper of any premises to which this section applies shall-

(a) require all persons who stay at the premises to comply

with their obligations under this section; and

(b) keep for at least twelve months a record in writing of the information given to him by any such person pur- suant to this section.

(4) An immigration officer or police officer may inspect at any time the record kept by the keeper of any premises pursuant to subsection (3).

(5) Any information required by this section to be given by or to any person may be given by or to any other person acting on his behalf.

(6) This section applies to any premises, whether furnished or unfurnished, where lodging or sleeping accommodation is pro- vided for reward.

(7) In this section-

"keeper" includes any person who receives another person to stay in premises, whether on his own behalf or on behalf of any other person;

"stay" means lodge or sleep, for one night or more, in accom-

modation provided for reward.

PART V.

POWER TO REMOVE OR DEPORT.

16. (1) Subject to subsection (2), an immigration officer may remove from Hong Kong in accordance with section 20—

(a) an immigrant who is refused permission to land in Hong

Kong; and

(b) an immigrant who, having arrived in Hong Kong on board a ship in which he was a member of the crew and been given permission to land in Hong Kong subject to

a condition of stay requiring him to leave Hong Kong-

(i) in a specified ship; or

(ii) within a specified period in accordance with arrangements for his repatriation,

contravenes or is reasonably suspected by an immigra- tion officer of intending to contravene that condition.

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(2) A person who is refused permission to land in Hong Kong may not be removed from Hong Kong under subsection (1)(a) after the expiry of two months beginning with the date on which he was refused such permission.

17. (1) The Governor may make a removal order against a person, requiring him to leave Hong Kong, if it appears to the Governor that such person is-

(a) an immigrant who might have been removed from Hong Kong under section 16(1) if the time limited by section 16(2) had not passed;

(b) an immigrant who has committed or is committing an offence under section 33(1) or section 37, whether or not he has been convicted of that offence; or (c) an undesirable immigrant who has been ordinarily

resident in Hong Kong for less than three years.

(2) A removal order made against a person shall invalidate any permission or authority to land or remain in Hong Kong given to that person before the order is made or while it is in force.

18. (1) Subject to section 19, the Governor in Council may make a deportation order against an immigrant, requiring him to leave Hong Kong and prohibiting him from being in Hong Kong at any time thereafter or during such period as may be specified in the order, if-

(a) the immigrant has been found guilty in Hong Kong of

any offence punishable with imprisonment; or

(b) the Governor in Council deems it to be conducive to

the public good.

(2) A deportation order made against a person shall invali- date any permission or authority to land or remain in Hong Kong given to that person before the order is made or while it is in force.

(3) The question whether an offence is one for which a person is punishable with imprisonment shall be determined without regard to any Ordinance restricting the imprisonment of young offenders.

19. Notwithstanding any other provision of this Ordinance, an immigrant who-

(a) is a citizen of the United Kingdom and Colonies; and (b) has been ordinarily resident in Hong Kong for a con-

tinuous period of not less than ten years,

shall not be liable to deportation under section 18; nor shall any condition of stay, whenever imposed, have effect in his case.

Power of Governor to order removal.

Power to deport.

Exemption of certain British subjects from deportation and conditions of stay.

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