1989 Ed.]
Immigration
[CAP. 115
73
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. (Added 31 of 1987 s. 22)
53B. Removal orders not to be executed pending appeal
(Added 62 of 1980 s. 9)
A person shall not be removed pursuant to a removal order made by the Director of Immigration or the Deputy Director of Immigration-
(a) until the time limited for an appeal has passed or the person against whom the removal order has been made declares in writing that he does not intend to appeal, whichever is the sooner; or
(b) where an appeal against the order is commenced, until the appeal is determined by the Tribunal, or the appellant declares in writing that he is abandoning his appeal, whichever is the sooner.
(Added 62 of 1980 s. 9)
53C. Dismissal of appeal without hearing
Where the Tribunal, upon an examination of the written grounds of appeal on which a person appealing under section 53A seeks to rely, is satisfied that the facts or matters on which the appellant is seeking to rely are matters which would not entitle the appellant to succeed in the appeal, it may dismiss the appeal without a hearing and in any such case it shall cause written notice of such dismissal to be given to the appellant and to the Director of Immigration.
(Added 62 of 1980 s. 9)
53D. Determination of appeals
(1) On an appeal under section 53A against a removal order—
(a) where the Tribunal determines that on the facts of the case as it finds them the appellant-
(ia) does not enjoy the right of abode in Hong Kong; and
(Added 31 of 1987 s. 23)
(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,
it shall dismiss the appeal; and
1989 Ed.]
Immigration
[CAP. 115
73
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. (Added 31 of 1987 s. 22)
53B. Removal orders not to be executed pending appeal
(Added 62 of 1980 s. 9)
A person shall not be removed pursuant to a removal order made by the Director of Immigration or the Deputy Director of Immigration-
(a) until the time limited for an appeal has passed or the person against whom the removal order has been made declares
in writing that he does not intend to appeal, whichever is the sooner; or (b) where an appeal against the order is commenced, until the appeal is determined by the Tribunal, or the appellant declares in writing that he is abandoning his appeal, whichever is the sooner.
(Added 62 of 1980 s. 9)
53C. Dismissal of appeal without hearing
Where the Tribunal, upon an examination of the written grounds of appeal on which a person appealing under section 53A seeks to rely, is satisfied that the facts or matters on which the appellant is seeking to rely are matters which would not entitle the appellant to succeed in the appeal, it may dismiss the appeal without a hearing and in any such case it shall cause written notice of such dismissal to be given to the appellant and to the Director of Immigration.
(Added 62 of 1980 s. 9)
53D. Determination of appeals
(1) On an appeal under section 53A against a removal order—
(a) where the Tribunal determines that on the facts of the case as it
finds them the appellant-
(ia) does not enjoy the right of abode in Hong Kong; and
(Added 31 of 1987 s. 23)
(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,
it shall dismiss the appeal; and
i
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