Hong Kong Regulations

REGISTRATION OF PERSONS REGULATIONS - REGULATION 19

Offences

(1) Any person who-

   (a)  without reasonable excuse contravenes regulation 3, 4, 6, 9, 13(1),
        15(1) or (2), 16 or 18, or without reasonable excuse fails or refuses
        to comply with any such regulation or with any direction or
        requirement thereunder; (L.N. 382 of 1989)

   (b)  (Repealed L.N. 86 of 1983)

   (c)  (Repealed L.N. 86 of 1983)

   (d)  without reasonable excuse fails or refuses to comply with any order
        published under regulation 11(1) or with any requirement thereunder;

   (e)  without reasonable excuse fails or refuses to comply with any
        requirement under regulation 11(3);

   (f)  (Repealed L.N. 178 of 1987)

   (g)  without reasonable excuse has possession of an identity card-

        (i)    that has ceased to be valid under regulation 3C(3), 6(4), 7,
               7A(3), 13B, 14(4) or 16; or (L.N. 382 of 1989)

        (ii)   that has been declared by a registration officer to be invalid
               under regulation 3D(1), 7B(1) or subregulation (3), (L.N. 382
               of 1989) shall be guilty of an offence.

(2) Any person guilty of an offence under subregulation (1) shall be liable to
a fine at level 3 and to imprisonment for 1 year. (L.N. 301 of 1980)

(2A) Any person who without reasonable excuse contravenes regulation 3B(1),
3C(1) or 5(1C), or without reasonable excuse fails or refuses to comply with
any such regulation or with any direction or requirement thereunder commits an
offence and is liable to a fine at level 3. (L.N. 86 of 1983; L.N. 162 of
1993)

(2B) (a) Any person who without reasonable excuse applies for or obtains more
than one identity card (otherwise than as the head of a family applying for or
obtaining an identity card in respect of a person under 18 years of age to
whom he is in loco parentis) commits an offence.

   (b)  Any person who without reasonable excuse has possession of more than
        one identity card, commits an offence.

   (c)  Any person who commits an offence under this subregulation is liable
        to a fine at level 5 and to imprisonment for 2 years. (L.N. 86 of
        1983)

(2C) Any person who in furnishing particulars required under regulation 4, or
in making any statement or declaration or furnishing any particulars or
evidence under regulation 9, 13 or 14, or when making a report under
regulation 18, makes any statement or furnish any particulars or evidence
which he knows is false in any material particular commits an offence and is
liable to a fine at level 5 and to imprisonment for 2 years. (L.N. 86 of 1983)

(3) Where a registration officer believes on reasonable grounds-

   (a)  that an identity card has been obtained as the result of the
        commission of an offence specified in subregulation (2A), (2B) or
        (2C); or (L.N. 86 of 1983)

   (b)  that a person is in possession of an identity card in respect of which
        an offence under subregulation (2A), (2B) or (2C) or regulation 12(1)
        or (2) has been committed, (L.N. 86 of 1983) he may, whether or not
        any person is to be prosecuted for the offence, by such means as he
        may determine declare the card to be invalid, order it to be
        surrendered to a registration officer and order the person to whom the
        card was issued to apply for an identity card at such place, in such
        manner, and within such period, as he may require.

(4) Any person who fails or refuses to comply with any order under regulation
3D(1), 7B(1), 20(1) or subregulation (3) shall be guilty of an offence and
liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 382 of
1989)

(5) Notwithstanding section 26 of the Magistrates Ordinance ( Cap  227),
criminal proceedings in respect of-

   (a)  any offence under regulation 3, 6 or 18 may be instituted at any time
        within 3 years from the commission of the offence;

   (aa) any offence under regulation 3B(1) may be instituted at any time
        within 5 years from the commission of the offence; and (L.N. 86 of
        1983)

   (b)  any other offence under these regulations may be instituted within 2
        years from the commission of the offence. (L.N. 204 of 1979; L.N. 178
        of 1987; L.N. 25 of 1996)