Hong Kong Ordinances

IMMIGRATION ORDINANCE - SECT 17C

Carrying and production of proof of identity

(1) Every person who-

   (a)  has attained the age of 15 years; and

   (b)  (i) is the holder of an identity card or is required to apply to be
        registered under the Registration of Persons Ordinance ( Cap  177); or

        (ii)   is the holder of a Vietnamese refugee card, shall have with him
               at all times proof of his identity.

(2) A person who is required by subsection (1) to have with him proof of his
identity shall on demand produce it for inspection by-

   (a)  any police officer;

   (b)  any immigration officer or immigration assistant; or

   (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 at level 2: (Amended L.N. 25 of 1996) 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).