Hong Kong Ordinances

IMMIGRATION ORDINANCE - SECT 2AB

Certificate of entitlement

(Past version on 01/07/1997).

Due to technical constraints, sections 2AAA, 2AB, 2AC, 2AD, 2AE, 2AF and 2AG
of this Ordinance are placed after section 2AA in the BLIS system. The correct
sequence of the sections should be "2AAA, 2AA, 2AB, 2AC, 2AD, 2AE, 2AF, 2AG".

(1) Any person who-

   (a)  immediately before 1 July 1997 did not enjoy the right of abode 
        in Hong Kong under this Ordinance as then in force;

   (b)  is not the holder of a valid HKSAR passport or valid permanent 
        identity card; and

   (c)  claims to be a permanent resident of the Hong Kong Special
        Administrative Region under paragraph 2(c) of Schedule 1, may apply to
        the Director for a certificate of entitlement.

(2) An application under subsection (1)-

   (a)  shall be made in such manner as the Director may specify by notice in
        the Gazette;

   (b)  may be made on behalf of an applicant by his parent, legal guardian or
        any other person acceptable to the Director and for the purposes of
        subsection (6)(b)(ii) and (iii) and section 2AD(1) such parent, legal
        guardian or other person shall be regarded as the applicant.

(3) An application under subsection (1) which is not made in accordance with
subsection (2)(a) and accompanied by the prescribed fee, if any, shall not be
accepted.

(4) (Repealed 17 of 2001 s. 2)

(5) For the removal of doubt, it is hereby declared that the making of an
application under subsection (1) does not give the applicant the right of
abode or right to land or remain in Hong Kong pending the decision of the
Director on the application.

(6) Upon receipt of an application under subsection (1), the Director acting
through an immigration officer authorized by him shall-

   (a)  where he is satisfied upon such proof specified by the Director that
        the applicant is a permanent resident of the Hong Kong Special
        Administrative Region under paragraph 2(c) of Schedule 1, issue a
        certificate of entitlement to the applicant in the prescribed form and
        in such manner as the Director may determine;

   (b)  where he is not satisfied that the applicant is a permanent resident
        of the Hong Kong Special Administrative Region under paragraph 2(c) of
        Schedule 1-

        (i)    refuse the application;

        (ii)   notify the applicant in writing the reason of the refusal; and

        (iii)  inform the applicant the right of appeal to the Tribunal.

(7) Where the Director in processing an application made under subsection (1)
is not otherwise satisfied that the applicant is born of a person of whom the
applicant claims to be born, the Director-

   (a)  may request the applicant and the person to undergo a genetic test
        conducted in such manner as the Director may specify by notice
        published in the Gazette to establish the claimed parentage; and

   (b)  shall consider the result of the test and determine the application
        accordingly. (Added 17 of 2001 s. 2)

(8) The Director may draw any inference from the failure of-

   (a)  an applicant; or

   (b)  a person of whom an applicant claims to be born, to undergo a genetic
        test referred to in subsection (7)(a) as he considers proper and
        determine the application accordingly. (Added 17 of 2001 s. 2)

(9) Where the Director requests a person to undergo a genetic test under
subsection (7)(a), he shall inform the person of the provision of subsection
(8). (Added 17 of 2001 s. 2)

(10) The Director may charge a fee for a genetic test referred to in
subsection (7)(a). (Added 17 of 2001 s. 2)

(11) The Director may, with the approval of the Financial Secretary, specify
the amount of the fee charged under subsection (10) by notice published in the
Gazette. (Added 17 of 2001 s. 2)

(12) A notice under subsection (2)(a), (7)(a) or (11) is not subsidiary
legislation. (Added 17 of 2001 s. 2) (Part IB added 124 of 1997 s. 4)