Hong Kong Ordinances

REGISTRATION OF PERSONS ORDINANCE - SECT 7

Power to make regulations

(Past version on 01/07/1997).
(Past version on 30/06/1997).

(1) The Chief Executive in Council may make such regulations as may be
necessary for the purposes of this Ordinance. (Amended 71 of 1999 s. 3)

(2) Without prejudice to the generality of the powers conferred by subsection
(1) such regulations may provide for-

   (a)  the manner in which and places at which application for registration
        under section 3 or for the issue or renewal of identity cards under
        this Ordinance shall be made, and the making of an order by the
        Commissioner specifying or amending the places at which such
        application, issue or renewal shall be made; (Amended 11 of 1983 s. 4;
        32 of 1987 s. 9)

   (aa) separate arrangements for the issue or renewal of identity  cards for
        any category or group of persons; (Added 11 of 1983 s. 4)

   (b)  the information and documents to be furnished for the purposes of
        registration under section 3 or for the purposes of the issue or
        renewal of identity cards under this Ordinance; (Amended 11 of 1983 s.
        4)

   (c)  the taking and recording of photographs and fingerprints of persons
        requiring registration under section 3 or the issue or renewal of
        identity cards under this Ordinance and the destruction of such
        photographs and the records of all such fingerprints on the expiration
        of this Ordinance; (Amended 11 of 1983 s. 4; 9 of 2003 s. 4)

   (d)  the method and manner by which information and documents furnished by
        a person requiring registration under section 3 or the issue or
        renewal of identity cards under this Ordinance are to be recorded and
        maintained; (Amended 11 of 1983 s. 4)

   (e)  the photographing, scanning or image capturing of fingerprints,
        information and documents furnished or made for the purposes of
        registration under section 3 or the issue or renewal of identity cards
        and the destruction of their originals; (Amended 11 of 1983 s. 4; 9 of
        2003 s. 4)

   (f)  (Repealed 9 of 2003 s. 4)

   (g)  the use of films and photographic reproductions of such films;

   (ga) the practice and procedure of, and on appeals to, the Tribunal; (Added
        32 of 1987 s. 9)

   (gb) the use of digital images and the reproduction of such digital images
        in relation to identity cards; (Added 9 of 2003 s. 4)

   (h)  the issue of identity cards (including the issue of permanent 
        identity cards to persons with the right of abode in Hong Kong
        wherever resident) and their form; (Replaced 9 of 2003 s. 4)

   (ha) circumstances under which identity cards may be perforated with an
        expiry date; (Added 11 of 1983 s. 4)

        (i)    the custody, surrender and production of identity cards;
               (Amended 36 of 1973 s. 4)

(ia) the making of an order by the Chief Executive in Council requiring every
person, or every person of such class or such description as may be specified
in the order, to carry his identity card when in such area or place, on such
occasion, for such purpose or in such circumstance as may be specified in the
order; (Added 46 of 1979 s. 3. Amended 71 of 1999 s. 3)

(ib) the production, by a person required to carry his identity  card, of such
card to a police officer, or member of the Immigration  Service and any other
person authorized by or under the regulations; (Added 46 of 1979 s. 3)

   (j)  the inspection of identity cards, viewing of information reproduced
        from data stored in chips embodied in identity cards and matching of
        fingerprints for verification of identity; (Amended 9 of 2003 s. 4)

   (k)  the amendment or cancellation of identity cards, and the issue of
        duplicates thereof;

   (ka) circumstances in which identity cards shall cease to be valid, be
        declared invalid or cancelled by a registration officer; (Added 11 of
        1983 s. 4. Amended 32 of 1987 s. 9)

   (l)  the issue of reports and certificates;

   (m)  the exemption of any person or category of persons from the provisions
        of this Ordinance;

   (ma) the exclusion of persons or any class or description of persons from
        the provisions of this Ordinance and in particular for the prevention
        of persons or any class or description of persons from being
        registered under this Ordinance and being provided with
        identity cards; (Added 3 of 1980 s. 4)

   (n)  destruction of documents and records (whether in tangible or digital
        form); (Amended 9 of 2003 s. 4)

   (o)  forms;

   (p)  fees (including any fee prescribed for the purposes of section  10 ).
        (Amended 9 of 2003 s. 4)

(2A) (a) Without prejudice to the generality of the powers conferred by
subsection (1), regulations made under that subsection may provide for-

        (i)    prescribed information or particulars to be included in
               identity cards;

        (ii)   prescribed data to be stored in chips;

        (iii)  information or particulars other than prescribed information or
               particulars that may be included in identity cards with the
               consent of applicants for or holders of identity cards;

        (iv)   data other than prescribed data that may be stored in chips
               with the consent of applicants for or holders of
               identity cards.

   (b)  For the purposes of paragraph (a), information, particulars or data
        are prescribed information, particulars or data, as the case may be,
        if they are or relate to-

        (i)    the name, address, place of birth, date of birth, sex, marital
               status or occupation of the relevant person or the nationality
               which he claims;

        (ii)   any photograph or fingerprint of the relevant person;

        (iii)  any travel document held by the relevant person;

        (iv)   the right of abode or right to land of the relevant person;

        (v)    any condition of stay to which the relevant person is subject;

        (vi)   issue of identity card to the relevant person; or

        (vii)  the number of the identity card issued to the relevant person.
               (Added 9 of 2003 s. 4)

(3) Any regulation made under this Ordinance may provide that a contravention
thereof shall be an offence and may prescribe penalties for such offence not
exceeding a fine at level 5 and imprisonment for 2 years. (Amended 51 of 1979
s. 6; 11 of 1983 s. 4; 9 of 2003 s. 4)

(4) Any regulation made under this Ordinance may provide that, notwithstanding
section 26 of the Magistrates Ordinance ( Cap 227), criminal proceedings in
respect of any such offence under the regulations as may be specified therein
may be instituted within such period, not exceeding 5 years, of the commission
of the offence as may be so specified. (Added 51 of 1979 s. 6. Amended 11 of
1983 s. 4)