1989 Ed.]
Immigration
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9
"United Kingdom belonger" means a person who, immediately before 1 January 1983, was a citizen of the United Kingdom and Colonies by reason of his birth, adoption, naturalization or registration in the United Kingdom or was the wife or child of any such person; (Amended 78 of 1982 s. 2; 31 of 1987 s. 2)
"Vietnamese refugee" means a person who-
(a) was previously resident in Vietnam; or
(aa) was born after 31 December 1982 and whose father or mother was previously resident in Vietnam; and (Added 79 of 1982 s. 2)
(b) is permitted to remain in Hong Kong as a refugee pending his resettlement elsewhere; (Added 35 of 1981 s. 2)
"Vietnamese refugee card" means a card of identity issued by the Director to a Vietnamese refugee. (Replaced 35 of 1981 s. 2)
(2) References in this Ordinance to landing in Hong Kong unlawfully are references to landing in or entering Hong Kong in contravention of this Ordinance, the repealed Immigration (Control and Offences) Ordinance or the repealed Immigrants Control Ordinance, and for the avoidance of doubt it is hereby declared that no person shall be held not to have landed unlawfully-
(a) by reason only of any presumption, conclusive or rebuttable, that he cannot be guilty of an offence or is incapable of committing a crime; or
(b) on the ground only that he is not guilty of an offence under subsection (1) of section 38 in respect of paragraph (a) of that subsection. (Amended 75 of 1981 s. 2)
(3) References in this Ordinance to an offence under this Ordinance include references to an offence under section 90(1) of the Criminal Procedure Ordinance (Cap.221) where the arrestable offence which a person has committed is an offence under this Ordinance.
(4) For the purposes of this Ordinance, a person shall not be treated as ordinarily resident in Hong Kong-
(a) during any period after the commencement of this Ordinance in which he remains in Hong Kong-
(i) without the authority of the Director, after landing unlawfully; or
(ii) in contravention of a limit of stay; or
(iii) as a refugee under section 13A; or (Added 42 of 1982 s. 2)
(iv) while detained in Hong Kong under section 13D; or (Added 23 of 1989 s. 2)
(b) during any period, whether before or after the commencement of this Ordinance, of imprisonment or detention pursuant to the sentence or order of any court.
(Amended 31 of 1987 s. 2)
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Page 11
10
CAP. 115]
1989 Ed.]
Immigration
[CAP. 115
9
"United Kingdom belonger" means a person who, immediately before 1
January 1983, was a citizen of the United Kingdom and Colonies by reason of his birth, adoption, naturalization or registration in the United Kingdom or was the wife or child of any such person; (Amended 78 of 1982 s. 2; 31 of 1987 s. 2)
"Vietnamese refugee" means a person who-
(a) was previously resident in Vietnam; or (aa) was born after 31 December 1982 and whose father or mother was previously resident in Vietnam; and (Added 79 of 1982 s. 2) (b) is permitted to remain in Hong Kong as a refugee pending his
resettlement elsewhere; (Added 35 of 1981 s. 2)
"Vietnamese refugee card" means a card of identity issued by the Director to a
Vietnamese refugee. (Replaced 35 of 1981 s. 2)
(2) References in this Ordinance to landing in Hong Kong unlawfully are references to landing in or entering Hong Kong in contravention of this Ordinance, the repealed Immigration (Control and Offences) Ordinance or the repealed Immigrants Control Ordinance, and for the avoidance of doubt it is hereby declared that no person shall be held not to have landed unlawfully-
(a) by reason only of any presumption, conclusive or rebuttable, that he cannot be guilty of an offence or is incapable of committing a crime; or
(b) on the ground only that he is not guilty of an offence under subsection (1) of section 38 in respect of paragraph (a) of that subsection. (Amended 75 of 1981 s. 2)
(3) References in this Ordinance to an offence under this Ordinance include references to an offence under section 90(1) of the Criminal Procedure Ordinance (Cap. 221) where the arrestable offence which a person has committed is an offence under this Ordinance.
(4) For the purposes of this Ordinance, a person shall not be treated as ordinarily resident in Hong Kong-
(a) during any period after the commencement of this Ordinance in
which he remains in Hong Kong-
(i) without the authority of the Director, after landing
unlawfully; or
(ii) in contravention of a limit of stay; or
(iii) as a refugee under section 13A; or (Added 42 of 1982 s. 2) (iv) while detained in Hong Kong under section 13D; or
( Added 23 of 1989 s. 2)
(b) during any period, whether before or after the commencement of this Ordinance, of imprisonment or detention pursuant to the sentence or order of any court.
(Amended 31 of 1987 s. 2)
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CAP. 115]
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