1964_IMMIGRATION_ORDINANCE — Page 31

Immigration

[1989 Ed.

(c) any person or member of a class of persons authorized for the purpose by the Governor by order published in the Gazette, who is in uniform or who produces, if required to do so, documentary identification officially issued to him as proof of his appointment as a police officer, immigration officer, immigration assistant or, as the case may be, person authorized under paragraph (c).

(3) Any person who fails to produce proof of his identity for inspection as required by subsection (2) commits an offence and is liable on conviction to a fine of $1,000:

Provided that it shall be a defence in proceedings for an offence under this subsection for the person charged to prove that he had reasonable excuse for failing to produce proof of identity.

(4) In respect of any failure to produce proof of identity for inspection as required by subsection (2), it shall be reasonable excuse for the purposes of subsection (3) if at the date of the alleged offence the defendant had no proof of identity with him because all proof of identity of which he was the holder, including any document specified in section 17B(b)(ii), had been lost or destroyed and

(a) he had reported the loss or destruction to a police officer at a police station or, in the case of an identity card, to a registration officer; or (Amended 31 of 1987 s. 15)

(b) he had had no opportunity so to report the loss or destruction.

(5) Where the Governor authorizes any person or class of persons for the purposes of subsection (2)(c) he may limit the authority of such persons to such area, place or occasion or in such other manner as is specified in the order by which the authority is given.

(6) Nothing in this section shall affect the operation of any order made under regulation 11(1) of the Registration of Persons Regulations (Cap. 177 sub. leg.) (relating to the compulsory carrying of identity cards).

17D. Arrest

(1) A person referred to in section 17C(2)(a), (b) or (c) may arrest without warrant any person who fails to produce for inspection on demand proof of his identity, and in the case of such an arrest by a person referred to in section 17C(2)(a) or (c), the person arrested shall if not released be delivered as soon as reasonably practicable into the custody of the officer in charge of a police station.

(2) An arrest carried out under subsection (1) shall not be unlawful by reason only of the fact that the arrested person is a person not required by section 17C(1) to have proof of his identity with him.

(3) Where a person is arrested under subsection (1) otherwise than by an immigration officer or immigration assistant and it appears to the officer in charge...