Hong Kong Ordinances

IMMIGRATION ORDINANCE - SECT 2

Interpretation

(Past version on 10/03/2000).
(Past version on 12/02/1999).
(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) In this Ordinance, unless the context otherwise requires-

"adjudicator" (審裁員) means the chief adjudicator, deputy chief
adjudicator and any other adjudicator appointed under section 53F; (Added 62
of 1980 s. 2. Amended 24 of 1984 s. 2)

"APEC business travel card" (亞太經合組織商務旅遊證) means a
document-

   (a)  issued by-

        (i)    the Director of Immigration; or

        (ii)   the person- (A) of a place outside Hong Kong which is- (I) a
               member of the organization known as the Asia Pacific Economic
               Co-operation established in 1989; and (II) recognized in
               writing by the Director of Immigration for the purposes of this
               definition; and (B) who is, in relation to that place- (I)
               equivalent to the Director of Immigration; or (II) accepted in
               writing by the Director of Immigration as the person who may
               issue the document; and

   (b)  which enables the holder of the document-

        (i)    if the document is issued by the Director of Immigration, to go
               to the place referred to in paragraph (a)(ii)(A) without a
               visa;

        (ii)   if the document is issued by the person referred to in
               paragraph (a)(ii), to enter Hong Kong as a visitor without a
               visa; (Added 6 of 1999 s. 2)

"approved immigration anchorage" (入境船隻認可碇泊處) means a place
designated as an approved immigration anchorage by order under section 60;

"approved landing place" (認可着陸地點) means a place designated as an
approved  landing place by order under section 60;

"Board" (委員會) means a Refugee Status Review Board established under
section 13G; (Added 23 of 1989 s. 2)

"captain" (船長、機長) means master (of a ship) and commander (of an
aircraft);

"certificate of entitlement" (居留權證明書) means a
Certificate of Entitlement to the Right of Abode in the Hong Kong Special
Administrative Region issued under section 2AB(6)(a) and includes a certified
duplicate issued under section 2AC(6)(a); (Added 124 of 1997 s. 2)

"certificate of identity" (身分證明書) means a document, other than a
document  of identity, which is issued by the Director of Immigration for the
purpose of international travel to a person who is not the holder of, and is
unable to obtain, a valid travel document; (Added 66 of 1981 s. 2)

"child" (子女), for the purposes of Part IIIA, means a legitimate or
legitimated child, a stepchild and a child adopted in a manner recognized by
law; (Amended 122 of 1997 s. 2)

"Commissioner of Registration" (人事登記處處長) has the same meaning as
it has in the Registration of Persons Ordinance ( Cap 177); (Replaced 31 of
1987 s. 2)

"crew" (全體船員、全體機員),in relation to a ship or aircraft, means
all persons actually employed in the working or service of the ship or
aircraft,
including the captain, and "member of the crew" (船員、機員) shall be
construed accordingly;

"deportation order" (遞解離境令) means an order under section 20;

"detention centre" (羈留中心) means any place designated under section 13H
as a detention centre; (Added 53 of 1989 s. 2)

"detention warrant" (羈留令) means a warrant issued under section 29(1) or

(2);

"Director" (處長) means the Director of Immigration, the Deputy Director of
Immigration, any assistant director of immigration and any member of the
Immigration Service of the rank of senior principal immigration officer;
(Replaced 82 of 1993 s. 2)

"document of identity" (簽證身分書) means a document issued by the
Director of Immigration for the purpose of visa endorsement to a person who is
not the holder of, and is unable to obtain, a valid travel document; (Added 66
of 1981 s. 2)

"empowered" (獲賦權) means empowered by or under this Ordinance;

"entry permit" (入境證) means an entry permit issued under this Ordinance;

"examination" (訊問) includes a further examination under section 4(1), and

"examine" (訊問) shall be construed accordingly;

"HKSAR passport" (特區護照) means a Hong Kong Special Administrative
Region Passport issued under section 3 of the
Hong Kong Special Administrative  Region Passports Ordinance ( Cap 539);
(Added 124 of 1997 s. 2. Amended 127 of 1997 s. 13)

"Hong Kong permanent resident" (香港永久性居民) means a person who
belongs to a class or description of persons specified in Schedule 1; (Added
31 of 1987 s. 2)

"identity card" (身分證) has the same meaning as it has in the
Registration  of Persons Ordinance ( Cap 177); (Replaced 31 of 1987 s. 2)

"immigrant" (入境者) means a person who is not a Hong Kong permanent 
resident; (Amended 31 of 1987 s. 2)

"immigration assistant" (入境事務助理員) means any member of the
Immigration Service of the rank of chief immigration assistant, senior
immigration  assistant or immigration assistant; (Added 57 of 1972 s. 2.
Amended 42 of 1979 s. 2; 65 of 1989 s. 2)

"immigration officer" (入境事務主任) means any member of the Immigration
Service of or above the rank of assistant immigration officer;

"land" (入境) means-

   (a)  enter by land or disembark from a ship or aircraft; and

   (b)  in the case of a person who arrives in Hong Kong otherwise than by
        land or in a ship or aircraft, land in Hong Kong;

"limit of stay" (逗留期限) means a condition of stay limiting the period
during which a person may remain in Hong Kong;

"owner" (擁有人) includes-

   (a)  in relation to a ship or aircraft, any charterer to whom the ship or
        aircraft is demised;

   (b)  in relation to a vehicle-

        (i)    any person in whose name the vehicle is registered under the
               Road Traffic Ordinance ( Cap 374);

        (ii)   any person by whom the vehicle is kept and used; and

        (iii)  if it is the subject of a hiring agreement or hire purchase
               agreement, the person in possession of the vehicle under the
               agreement; (Replaced 61 of 1986 s. 2)

"passenger" (乘客) means any person carried in a ship or aircraft other than
a member of the crew;

"permanent identity card" (永久性居民身分證) has the same meaning as
it has in the Registration of Persons Ordinance ( Cap 177); (Added 124 of 1997
s. 2)

"prescribed Central People's Government travel document"
(訂明的中央人民政府旅行證件) means a travel permit issued by the
Central People's Government which on its cover is called and which bears an
endorsement

; (Added 31 of 2002 s. 2)

"re-entry permit" (回港證) means a re-entry permit issued under this
Ordinance;

"refugee centre" (難民中心) means any place designated under section 13C
as a refugee centre; (Added 35 of 1981 s. 2)

"registration officer" (登記主任) has the same meaning as it has in the
Registration of Persons Ordinance ( Cap 177); (Added 31 of 1987 s. 2)

"Registration of Persons Tribunal" (人事登記審裁處) means the
Registration of  Persons Tribunal established by section 3C of the
Registration of Persons  Ordinance ( Cap 177); (Added 31 of 1987 s. 2)

"removal order" (遣送離境令) means an order under section 19(1);

"right of abode in Hong Kong" (香港居留權) means the
right of abode in Hong  Kong referred to in Part IA; (Added 31 of 1987 s. 2)

"serviceman" (軍人) means a person, not being locally engaged, who is a
serving member of Her Majesty's regular naval, military or air force service;

"ship" (船、船隻) includes a barge, a hovercraft and every other
description of vessel; (Added 61 of 1979 s. 2. Amended 78 of 1982 s. 2)

"specified country" (指明國家) means a country or territory-

   (a)  of which a person who is to be removed from Hong Kong is a national or
        a citizen;

   (b)  in which that person has obtained a travel document;

   (c)  in which that person embarked for Hong Kong; or

   (d)  to which an immigration officer or immigration assistant has reason to
        believe that that person will be admitted; (Amended 15 of 1980 s. 10)

"travel document" (旅行證件) means a passport furnished with a photograph
of the holder, or some other document establishing to the satisfaction of an
immigration officer or immigration assistant the identity and nationality,
domicile or place of permanent residence of the holder; (Amended 15 of 1980 s.
10; 31 of 1984 s. 2)

"travel pass" (旅遊通行證) means a document-

   (a)  issued by the Director of Immigration to a person (other than a
        Hong Kong permanent resident) who-

        (i)    is not the holder of an identity card; or

        (ii)   is the holder of an identity card (other than a permanent 
               identity card within the meaning of the
               Registration of Persons Ordinance ( Cap 177)) which belongs to
               a class of identity cards, if any, specified in writing by the
               Director of Immigration for the purposes of this definition;
               and

   (b)  which enables the holder of the document to enter Hong Kong as a
        visitor without a visa; (Added 6 of 1999 s. 2)

"Tribunal" (審裁處) means the Immigration Tribunal established by section 
53F ; (Added 62 of 1980 s. 2)

"valid travel document" (有效旅行證件) means-

   (a)  a passport furnished with a photograph; or

   (b)  any other document establishing to the satisfaction of an
        immigration officer or immigration assistant the identity, nationality
        and domicile or place of permanent residence of the holder of the
        document, which-

        (i)    indicates in specific or general terms that it is not invalid
               for Hong Kong;

        (ii)   indicates that it is still valid according to the laws of the
               country or territory by or on behalf of which it was issued;

        (iii)  allows its holder to return to the country or territory by or
               on behalf of which it was issued; and

        (iv)   unless exempted by the Director, bears a visa issued under the
               authority of the Director and which is valid at the date of
               arrival of the holder of the passport or document in Hong Kong;
               (Added 124 of 1997 s. 2)

"Vietnamese refugee" (越南難民) means a person who-

   (a)  was previously resident in Vietnam; or (Amended 79 of 1982 s. 2)

   (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" (越南難民證) means a card of identity issued by
the Director to a Vietnamese refugee. (Replaced 35 of 1981 s. 2) (Amended 88
of 1997 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 in which he remains in Hong Kong- (Amended 122 of
        1997 s. 2)

        (i)    with or without the authority of the Director, after landing
               unlawfully; or (Amended 122 of 1997 s. 2)

        (ii)   in contravention of any condition of stay; or (Amended 122 of
               1997 s. 2)

        (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)

        (v)    while employed as a contract worker, who is from outside Hong
               Kong, under a Government importation of labour scheme; or
               (Added 122 of 1997 s. 2)

        (vi)   while employed as a domestic helper who is from outside Hong
               Kong; or (Added 122 of 1997 s. 2)

        (vii)  as a member of a consular post within the meaning of the
               Consular Relations Ordinance ( Cap 557); or (Added 122 of 1997
               s. 2. Amended 16 of 2000 s. 12)

        (viii) as a member of the Hong Kong Garrison; or (Added 122 of 1997 s.
               2)

        (ix)   as a holder of a prescribed Central People's Government travel 
               document; or (Added 31 of 2002 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.

(5) Subsection (4)(a) does not apply to a person-

   (a)  who acquired the right of abode in Hong Kong before 1 July 1997; or

   (b)  who remains in Hong Kong with the authority of the Director during the
        period from 1 July 1990 to 30 June 1997 inclusive after landing
        unlawfully and whom the Director may exclude from the application of
        subsection (4)(a). (Added 122 of 1997 s. 2)

(6) For the purposes of this Ordinance, a person does not cease to be
ordinarily resident in Hong Kong if he is temporarily absent from Hong Kong.
The circumstances of the person and the absence are relevant in determining
whether a person has ceased to be ordinarily resident in Hong Kong. The
circumstances may include-

   (a)  the reason, duration and frequency of any absence from Hong Kong;

   (b)  whether he has habitual residence in Hong Kong;

   (c)  employment by a Hong Kong based company; and

   (d)  the whereabouts of the principal members of his family (spouse and
        minor children). (Added 122 of 1997 s. 2) (Amended 31 of 1987 s. 2)

"adjudicator" (審裁員)

"APEC business travel card" (亞太經合組織商務旅遊證)

"approved immigration anchorage" (入境船隻認可碇泊處)

"approved landing place" (認可着陸地點)

"Board" (委員會)

"captain" (船長、機長)

"certificate of entitlement" (居留權證明書)

"certificate of identity" (身分證明書)

"child" (子女)

"Commissioner of Registration" (人事登記處處長)

"crew" (全體船員、全體機員)

"member of the crew" (船員、機員)

"deportation order" (遞解離境令)

"detention centre" (羈留中心)

"detention warrant" (羈留令)

"Director" (處長)

"document of identity" (簽證身分書)

"empowered" (獲賦權)

"entry permit" (入境證)

"examination" (訊問)"examine" (訊問)

"HKSAR passport" (特區護照)

"Hong Kong permanent resident" (香港永久性居民)

"identity card" (身分證)

"immigrant" (入境者)

"immigration assistant" (入境事務助理員)

"immigration officer" (入境事務主任)

"land" (入境)

"limit of stay" (逗留期限)

"owner" (擁有人)

"passenger" (乘客)

"permanent identity card" (永久性居民身分證)

"prescribed Central People's Government travel document"
(訂明的中央人民政府旅行證件)

"re-entry permit" (回港證)

"refugee centre" (難民中心)

"registration officer" (登記主任)

"Registration of Persons Tribunal" (人事登記審裁處)

"removal order" (遣送離境令)

"right of abode in Hong Kong" (香港居留權)

"serviceman" (軍人)

"ship" (船、船隻)

"specified country" (指明國家)

"travel document" (旅行證件)

"travel pass" (旅遊通行證)

"Tribunal" (審裁處)

"valid travel document" (有效旅行證件)

"Vietnamese refugee" (越南難民)

"Vietnamese refugee card" (越南難民證)