Hong Kong Ordinances

IMMIGRATION ORDINANCE - SECT 42

False statements, forgery of documents and use and possession of forged documents

(Past version on 10/07/1997).
(Past version on 30/06/1997).

(1) Any person who makes or causes to be made-

   (a)  to an immigration officer, immigration assistant or any other person
        lawfully acting under or in the execution of Part IB, II, III or IV of
        this Ordinance;

   (b)  in any document furnished to an immigration officer or
        immigration assistant pursuant to this Ordinance or a requirement made
        thereunder; or

   (c)  for the purpose of obtaining, whether for himself or any other person,
        any travel document, certificate of entitlement, entry permit,
        re-entry permit, certificate of identity, document of identity, APEC 
        business travel card, travel pass or Vietnamese refugee card, any
        statement or representation which he knows to be false or does not
        believe to be true shall be guilty of an offence. (Amended 57 of 1972
        s. 10)

(2) Any person who-

   (a)  (i) alters without lawful authority or forges; or

        (ii)   transfers to another without reasonable excuse, any
               travel document, certificate of entitlement, entry permit,
               re-entry  permit, certificate of identity,
               document of identity, APEC business  travel card, travel pass
               or Vietnamese refugee card or any document whatsoever issued,
               kept or made under or for the purposes of Part IB, II, III or
               IV of this Ordinance; (Replaced 61 of 1986 s. 3)

   (b)  uses for the purposes of Part IB, II, III or IV of this Ordinance any
        forged, false or unlawfully obtained or altered travel  document,
        certificate of entitlement, entry permit, re-entry permit,
        certificate of identity, document of identity,
        APEC business travel card, travel pass, Vietnamese refugee card or
        other document;

   (c)  has in his possession-

        (i)    any forged, false or unlawfully obtained or altered travel 
               document, certificate of entitlement, entry permit,
               re-entry permit, certificate of identity, document of identity,
               APEC business travel card, travel pass or
               Vietnamese refugee card; or

        (ii)   any forged, false or unlawfully altered document whatsoever
               intended for use for the purposes of Part IB, II, III or IV of
               this Ordinance, shall be guilty of an offence.

(3) A travel document, certificate of entitlement, entry permit,
re-entry permit, certificate of identity, document of identity, APEC 
business travel card, travel pass or Vietnamese refugee card shall be deemed
to be unlawfully obtained for the purposes of this section if any person made
a false statement or representation for the purposes of or in connection with
an application for the issue or renewal of the same.

(4) Any person who is guilty of an offence under this section shall be liable-

   (a)  on conviction on indictment, to a fine of $150000 and to imprisonment
        for 14 years; and (Amended 66 of 1981 s. 3)

   (b)  on summary conviction, to a fine at level 6 and to imprisonment for 2
        years. (Amended L.N. 25 of 1996)

(5) In this section, "false" (虛假) means false in a material
particular and "forged" (偽造) has the meaning assigned to that term by Part
IX of the Crimes Ordinance ( Cap 200). (Amended 49 of 1992 s. 5) (Amended 62
of 1980 s. 7; 124 of 1997 s. 5; 6 of 1999 s. 4)

"false" (虛假)

"forged" (偽造)