TNAG-1654-FCO40-2302-Hong-Kong-Inland-Revenue-(Amendment)-Ordinance-1987-1987 — Page 21

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Ord. No. 31/87

Amendment of section 53D.

Amendment of séction 56.

Amendment of section 63A.

Amendment of section 64.

Replacement of

(Cap. 177.)

IMMIGRATION (AMENDMENT) (NO. 2)

(a) the written notice of appeal served under subsection (2) on which a person ("the appellant") appealing under subsection (1) seeks to rely; and (b) the summary or record of the proceedings of the Registration of Persons Tribunal in respect of an unsuccessful appeal by the appellant under section 3D(1) of the Registration of Persons Ordinance, is satisfied that the facts or matters on which the appellant is seeking to rely are the same or substantially the same facts or matters on which the appellant sought to rely on the appeal to the Registration of Persons Tribunal, it may dismiss the appeal under subsection (1) without a hearing and shall cause written notice of such dismissal to be given or sent by post to the appellant.".

23. Section 53D(1)(a) of the principal Ordinance is amended by inserting before sub-paragraph (i) the following-

“(ia) does not enjoy the right of abode in Hong Kong; and".

24. Section 56(1)(b) of the principal Ordinance is amended by insert- ing after "who" the following-

"enjoys the right of abode in Hong Kong, or".

25. Section 63A of the principal Ordinance is amended by inserting before paragraph (a) the following-

"(aa) does not enjoy the right of abode in Hong Kong,".

26. Section 64 of the principal Ordinance is amended--

(a) in sub-paragraph (i), by deleting "belonger" and substituting the

following-

"permanent resident";

(b) by deleting sub-paragraphs (v) and (vƒ); and

(c) in sub-paragraphs (vb) and (vd), by deleting “immediately before 1 January 1983 was" wherever it occurs and substituting the following--

"is".

27. The First Schedule to the principal Ordinance is deleted and First Schedule. replaced by the following—

1.

2.

(L.N. 233/86.)

"FIRST SCHEDULE

HONG KONG PERMANENT RESIDENTS

[ss. 2(1) & 59A.]

Any person who is wholly or partly of Chinese race and has at any time been ordinarily resident in Hong Kong for a continuous period of not less than 7 years. Any person who is a British Dependent Territories citizen and who-

(a) belongs to a class or description of persons specified in Article 2 of the Hong Kong (British Nationality) Order 1986 as having a con- nexion with Hong Kong; or

3.

IMMIGRATION (AMENDMENT) (NO. 2)

Ord. No. 31/87

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(b) is such a citizen by virtue of his having a connexion with any of the British Dependent Territories (other than Hong Kong) mentioned

in Schedule 6 to the British Nationality Act 1981 and has at any (1981 c. 61.) time been married to a person specified in sub-paragraph (a).

Any person who is a Commonwealth citizen and who immediately before

1 January 1983 had the right to land in Hong Kong by virtue of sec- tion 8(1)(a) as then in force.".

28. The enactments set out in the second column of the Schedule are, Consequential

in the provisions set out in the third column thereof, amended in the manner amendments. and to the extent set out in the fourth column thereof.

SCHEDULE

Item

Enactment

Provision

1.

Legal Practitioners Section Ordinance

27(1)(a)(iv)

2.

Admission and Registration Rules

Rule 8(2)(a)(iv)

3.

Births and Deaths Registration Ordinance

Second Schedule, Form 1

[s. 28.]

Schedule.

CONSEQUENTIAL AMENDMENTS

5.

Electoral Pro- visions Ordinance

Section 8(2)

Amendment

Delete "Chinese resident or a (Cap. 159.) Hong Kong belonger" and sub-

stitute the following-

"Hong Kong permanent resident".

Delete "Chinese resident, or a (Cap. 159, Hong Kong belonger" and sub- sub. leg.) stitute the following-

"Hong Kong permanent resident".

Delete "Hong Kong belonger (Cap. 174.) status" and substitute the following

"Hong Kong permanent resident status under paragraph 2(a) of the First Schedule to the Immigration Ordinance (Cap. 115.)".

Delete "Hong Kong belonger (Cap. 290.) status" and substitute the following-

"Hong Kong permanent resident status under para- graph 2(a) of the First Schedule to the Immigration Ordinance (Cap. 115.)".

Delete "Hong Kong belonger" (Cap. 367.) and substitute the following—

"Hong Kong permanent resident".

+

4.

Adoption Ordinance

Schedule