Hong Kong Ordinances

IMMIGRATION ORDINANCE - SECT 2AD

Appeal

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 applicant for a certificate of entitlement who is aggrieved by a
decision of the Director not to issue the certificate may appeal against the
decision to the Tribunal in a form specified by the Director within 90 days
from the receipt of the notice given under section  2AB (6)(b)(ii).

(2) Any applicant for a certified duplicate of a certificate of  entitlement
who is aggrieved by a decision of the Director not to issue the duplicate may
appeal against the decision to the Tribunal in a form specified by the
Director within 90 days from the receipt of the notice given under
section 2AC(6)(b)(ii).

(3) No appeal shall be lodged under subsection (1) or (2) at any time at which
the appellant is in Hong Kong.

(4) Notwithstanding subsection (1) or (2), the Tribunal may accept an appeal
that is not lodged within the time limit prescribed in that subsection.

(5) On an appeal lodged under subsection (1)-

   (a)  where the Tribunal determines that on the facts of the case as it
        finds them the appellant is a permanent resident of the Hong Kong
        Special Administrative Region under paragraph 2(c) of Schedule 1, it
        shall allow the appeal;

   (b)  where the Tribunal determines that on the facts of the case as it
        finds them the appellant is not a permanent resident of the Hong Kong
        Special Administrative Region under paragraph 2(c) of Schedule 1, it
        shall dismiss the appeal.

(6) On an appeal lodged under subsection (2)-

   (a)  where the Tribunal determines that on the facts of the case as it
        finds them-

        (i)    the appellant is a permanent resident of the Hong Kong Special
               Administrative Region under paragraph 2(c) of Schedule 1;

        (ii)   a certificate of entitlement has been issued to the appellant;
               and

        (iii)  that certificate is lost or destroyed, it shall allow the
               appeal;

   (b)  where the Tribunal determines that on the facts of the case as it
        finds them-

        (i)    the appellant is not a permanent resident of the Hong Kong
               Special Administrative Region under paragraph 2(c) of Schedule
               1;

        (ii)   a certificate of entitlement has not been issued to him; or

        (iii)  the certificate of entitlement issued to him, if any, is not
               lost or destroyed, it shall dismiss the appeal.

(7) The decision of the Tribunal under subsection (5) or (6) shall be final.

(8) Where the Tribunal allows an appeal under subsection (5)(a) or

(6)(a), the Director shall issue a certificate of entitlement or certified
duplicate of a certificate of entitlement, as the case may require, to the
appellant in such form and such manner as the Director may determine.

(9) For the removal of doubt, it is hereby declared that the lodging of an
appeal under subsection (1) or (2) does not give the appellant the right of
abode or right to land or remain in Hong Kong pending the decision of the
Tribunal on the appeal.

(10) For the purposes of subsections (3), (5), (6), (8) and (9),

"appellant" (上訴人) does not include a person making an application on
behalf of another person under section 2AB(2)(b) or 2AC(2)(b). (Part IB added
124 of 1997 s. 4)

"appellant" (上訴人)