Hong Kong Ordinances

REGISTRATION OF PERSONS ORDINANCE - SECT 3D

Jurisdiction of Tribunal and determination of appeals

(1) The Tribunal shall have jurisdiction to hear and decide any appeal by a
person who is aggrieved by a decision of a registration  officer not to issue
a permanent identity card to that person, or to declare a
permanent identity card issued to him to be invalid.

(2) Where a registration officer refuses to issue to a person a
permanent identity card or declares a permanent identity card issued to such
person to be invalid on the ground that, in the opinion of the
registration officer, the person does not have the right of abode in Hong 
Kong the registration officer shall notify that person of his decision in
writing and inform him of his right of appeal under subsection (1).

(3) A person who wishes to appeal under subsection (1) shall serve written
notice of appeal, stating his ground of appeal and the facts upon which he
relies, upon the Tribunal, within 90 days of his being notified of the
decision of the registration officer to refuse to issue him with a
permanent identity card or to declare a permanent identity card issued to him
to be invalid.

(4) An appeal under subsection (1) may only be brought by a person on the
ground that on the facts of his case he enjoys the right of abode 
in Hong Kong and shall succeed if, and only if, the Tribunal determines that
he has that right.

(5) Where the Tribunal, upon an examination of-

   (a)  the written notice of appeal served under subsection (3) on
which a person ("the appellant") appealing under subsection (1) seeks to rely;
and

   (b)  the summary or record of the proceedings of the Immigration  Tribunal
        in respect of an unsuccessful appeal by the appellant under
        section 53A(1)(aa) of the Immigration Ordinance ( Cap 115), is
        satisfied that the facts or matters on which the appellant is seeking
        to rely are the same or substantially the same facts or matters on
        which the appellant sought to rely on the appeal to the
        Immigration Tribunal, it may dismiss the appeal under subsection (1)
        without a hearing and shall cause written notice of such dismissal to
        be given or sent by post to the  appellant.

(6) The decision of the Tribunal under this section shall be final.

(7) For the avoidance of doubt, it is declared that the service of a written
notice of appeal under subsection (3) does not give the person by whom or on
whose behalf it is served any right to remain in Hong Kong pending the
decision of the Tribunal. (Added 32 of 1987 s. 5)