Hong Kong Ordinances

IMMIGRATION ORDINANCE - SECT 11

Permission to land and conditions of stay

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 28 of 1998 s. 2(2)

(1) An immigration officer or immigration assistant may on the examination
under section 4(1)(a) of a person who by virtue of section  7 (1) may not land
in Hong Kong without the permission of an immigration  officer or
immigration assistant, give such person permission to land in Hong Kong but an
immigration officer only may refuse him such permission. (Amended 15 of 1980
s. 10; 79 of 1982 s. 6)

(1A) An immigration officer or immigration assistant may, on the examination
under section 4(1)(b) of a person who by virtue of section  7 (2) may not
remain in Hong Kong without the permission of an immigration  officer or
immigration assistant, give such person permission to remain in Hong Kong but
an immigration officer only may refuse him such permission. (Added 79 of 1982
s. 6. Amended 31 of 1987 s. 10)

(2) Where permission is given to a person to land or remain in Hong Kong, an
immigration officer or immigration assistant may impose- (Amended 79 of 1982
s. 6)

   (a)  a limit of stay; and

   (b)  such other conditions of stay as an immigration officer or
        immigration assistant thinks fit, being conditions of stay authorized
        by the Director, either generally or in a particular case. (Amended 15
        of 1980 s. 10)

(3) Subject to subsection (9), the permission given to a person to land or
remain in Hong Kong shall be deemed to be subject to the prescribed conditions
of stay in addition to any conditions of stay imposed under subsection (2).
(Amended 79 of 1982 s. 6)

(4) In the case of a person who is a member of a party in the charge of a
responsible person, notice of any condition of stay shall be deemed to be
given to such person if it is given in writing to the person in charge of the
party.

(5) The Director may at any time by notice in writing to any person other than
a person who enjoys the right of abode in Hong Kong, or has the right to land
in Hong Kong by virtue of section 2AAA, impose any condition of stay (other
than a limit of stay) in respect of such person. (Replaced 57 of 1972 s. 4.
Amended 31 of 1987 s. 10; 88 of 1997 s. 7; 28 of 1998 s. 2(2))

(5A) An immigration officer or a chief immigration assistant may at any time
by notice in writing to any person other than a person who enjoys the
right of abode in Hong Kong, or has the right to land in Hong Kong by virtue
of section 2AAA- (Amended 31 of 1987 s. 10; 65 of 1989 s. 3; 88 of 1997 s. 7;
28 of 1998 s. 2(2))

   (a)  cancel any condition of stay in force in respect of such person;

   (b)  vary any condition of stay (other than a limit of stay) in force in
        respect of such person if the condition as varied could properly be
        imposed by an immigration officer or a chief immigration assistant

(other than the Director) under subsection (2)(b); (Amended 78 of 1982 s. 4;
65 of 1989 s. 3)

   (c)  vary any limit of stay in force in respect of such person by enlarging
        the period during which such person may remain in Hong Kong. (Added 57
        of 1972 s. 4)

(6) The Governor may at any time vary any limit of stay in force in respect of
any person by curtailing the period during which such person may remain in
Hong Kong, and the Director shall in writing notify such person of any such
variation.

(7) The Governor may by order applying to all persons or to any class or
description of persons, other than persons who enjoy the right of 
abode in Hong Kong, or have the right to land in Hong Kong by virtue of
section 2AAA- (Amended 31 of 1987 s. 10; 88 of 1997 s. 7; 28 of 1998 s. 2(2))

   (a)  cancel or vary any condition of stay in force in respect of such
        persons;

   (b)  impose any condition of stay (other than a limit of stay) in respect
        of such persons.

(8) Whenever a condition of stay is in force in respect of a person, the
Director may-

   (a)  require such person; or

   (b)  if such person is a member of the crew of a ship or aircraft, require
        the captain of the ship or aircraft or the owners or agents of the
        ship or aircraft, to enter into a recognizance in the prescribed form
        in such amount and with such number of sureties as the Director may
        reasonably require.

(9) The Director of Immigration may exempt any person or any class or
description of persons from compliance with all or any of the prescribed
conditions of stay.

(10) Any permission given to a person to land or remain in Hong Kong shall, if
in force on the day that person departs from Hong Kong, expire immediately
after his departure. (Added 31 of 1984 s. 3)