TNAG-0984-FCO40-1203-Immigration-from-China-to-Hong-Kong-1980 — Page 194

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Determination

of appeals.

32

53D. (1) On an appeal under section 53A

against a removal order

:

(a) where the adjudicator determines that on

the facts of the case as he finds them

the appellant

(i) does not have the right to land in

Hong Kong under section 8(1); and

(ii) does not, disregarding the effect

of the removal order under section

19(4), have the permission of the

Director of Immigration to remain in

Hong Kong,

he shall dismiss the appeal; and

(b) in any other case the adjudicator shall

allow the appeal and rescind the removal

order.

(2) The decision of an adjudicator under

this section or section 53C shall be final.

Release of successful appellant.

53E. Where an appeal under section 53A is

successful the appellant shall be released

forthwith unless he may be held in lawful custody

some other matter.

G.F. 316

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