Immigration (Amendment)(No. 2) Bill 1998
Amend the Immigration Ordinance.
Enacted by the Legislative Council.
1. Short title and commencement
(1) This Ordinance may be cited as the Immigration (Amendment) (No. 2) Ordinance 1998.
(2) This Ordinance shall come into operation on a day to be appointed by the Secretary for Security by notice in the Gazette.
2. Interpretation
Section 2(1) of the Immigration Ordinance (Cap. 115) is amended by adding---
""APEC business travel card" (亞太經合組織商務旅遊證) means a
document---
(a) issued by---
(i) the Director of Immigration; or
(ii) the person---
(A) of a place outside Hong Kong which is---
(I) a member of the organization known as the Asia Pacific Economic Co-operation established in 1989; and
(II) recognized in writing by the Director of Immigration for the purposes of this definition; and
(B) who is, in relation to that place---
(I) equivalent to the Director of Immigration; or
(II) accepted in writing by the Director of Immigration as the person who may issue the document; and
(b) which enables the holder of the document---
(i) if the document is issued by the Director of Immigration, to go to the place referred to in paragraph (a)(ii)(A) without a visa;
(ii) if the document is issued by the person referred to in paragraph (a)(ii), to come to Hong Kong as a visitor without a visa;
"travel pass" (旅遊通行證) means a document---
(a) issued by the Director of Immigration to a person (other than a Hong Kong permanent resident) who---
(i) is not the holder of an identity card; or
(ii) is the holder of an identity card (other than a permanent identity card within the meaning of the Registration of Persons Ordinance (Cap. 177)) which belongs to a class of identity cards, if any, specified in writing by the Director of Immigration for the purposes of this definition; and
(b) which enables the holder of the document to come to Hong Kong as a visitor without a visa;".
3. Site controller commits offence if illegal
immigrant on construction site, etc.
Section 38A is amended---
(a) in subsection (3), by repealing "this section" and substituting "subsection (2)";
(b) by adding---
"(4) Where it is proved that a person, who is not lawfully employable by virtue of section 17G(2), has committed an offence under section 41 by taking employment on a construction site, the construction site controller of that construction site commits an offence and is liable to a fine of $350,000.
(5) It is a defence in proceedings for an offence under subsection (4) for the construction site controller charged to prove that he took all practicable steps to prevent persons who are not lawfully employable from taking employment on the construction site.
(6) Where a construction site controller is charged with an offence under subsection (4), a certificate purporting to be signed by the Director and certifying that the person concerned who has committed an offence under section 41 by taking employment on a construction site was, at the date of the alleged offence, not lawfully employable, shall be admitted in evidence on its production without further proof and, until evidence to the contrary is adduced, it shall be presumed---
(a) that the certificate was signed by the Director; and
(b) that the person concerned who has committed an offence under section 41 by taking employment on a construction site was, at the date of the alleged offence, not lawfully employable.
(7) Section 17G shall apply to this section as it applies to Part IVB.".
4. False statements, forgery of documents and
use and possession of forged documents
Section 42(1)(c), (2)(a), (b) and (c)(i) and (3) is amended by adding
", APEC business travel card, travel pass" after "document of identity".
Consequential Amendments
Immigration Regulations
5. Interpretation
Regulation 1A of the Immigration Regulations (Cap. 115 sub. leg.) is repealed.
Explanatory Memorandum
The purpose of this Bill is to amend the Immigration Ordinance (Cap. 115) to---
(a) include APEC business travel card and travel pass in section 42, the offence creating section relating to false statements, forgery of documents and use and possession of forged documents;
(b) provide that the construction site controller commits an offence if a person not lawfully employable has contravened a condition of stay by taking employment on the construction site.
