TNAG-1774-FCO40-2526-Hong-Kong-Business-Registration-(Amendment)-Ordinance-1987-(-1988 — Page 41

REGISTRATION OF PERSONS (AMENDMENT) Ord. No. 32/87

(Cap. 115.)

Practice and procedure of Tribunal.

(4) An appeal under subsection (1) may only be brought by a person on the ground that on the facts of his case he enjoys the right of abode in Hong Kong and shall succeed if, and only if, the Tribunal determines that he has that right.

(5) Where the Tribunal, upon an examination of (a) the written notice of appeal served under subsection (3) on which a person ("the appellant") appealing under subsection (1) seeks to rely; and

(b) the summary or record of the proceedings of the Immigration Tribunal in respect of an unsuccessful appeal by the appellant under section 53A(1)(aa) of the Immigration 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 Immigration 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.

(6) The decision of the Tribunal under this section shall be final.

(7) For the avoidance of doubt, it is declared that the service of a written notice of appeal under subsection (3) does not give the person by whom or on whose behalf it is served any right to remain in Hong Kong pending the decision of the Tribunal.

3E. The practice and procedure of, and on appeals under section 3D to, the Tribunal shall be such as may be prescribed in regulations made under section 7.".

A151

6. Section 4 of the principal Ordinance is amended by deleting "of Amendment of Registration".

7. Section 5(1) of the principal Ordinance is amended by deleting "of the age of 11 years and upwards, unless exempted or excluded from the provisions of this Ordinance by regulations made thereunder," and substituting the following-

"who is registered under this Ordinance".

section 4.

Amendment of section 5.

8. Section 6(1) and (3) of the principal Ordinance is amended by Amendment of deleting "of Registration" wherever it occurs.

9.

Section 7(2) of the principal Ordinance is amended—

section 6.

Amendment of section 7.

(a) in paragraph (a), by inserting after "made" the following-

,

and the making of an order by the Commissioner specifying

or amending the places at which such application, issue or renewal shall be made";

(b) by inserting after paragraph (g) the following—

"(ga) the practice and procedure of, and on appeals to, the

Tribunal;";