Cap 331 - IMMIGRATION SERVICE ORDINANCE 1
Chapter: 331 IMMIGRATION SERVICE ORDINANCE Gazette Number Version Date
Long title 30/06/1997
To provide for the establishment and maintenance of a service to be known as the Immigration Service, to vest certain
powers in its members and to provide for matters connected with the purposes aforesaid.
[4 August 1961] G.N.A. 90 of 1961
(Originally 30 of 1961)
Part: I PRELIMINARY 30/06/1997
Section: 1 Short title 30/06/1997
This Ordinance may be cited as the Immigration Service Ordinance.
Section: 2 Interpretation 76 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3
(1) In this Ordinance, unless the context otherwise requires- (Amended 53 of 1996 s. 2)
"designated place" (指定地方) means any place designated under section 13A(9) as a designated place; (Added 53
of 1996 s. 2)
"Director" (處長) means the Director of Immigration;
"enter" (進入) includes board; (Added 53 of 1996 s. 2)
"government regulations" (政府規例) means the administrative rules known as the Government Regulations and any
other administrative rules or instruments regulating the public service; (Added 76 of 1999 s. 3)
"land" (土地) includes a building (and any part thereof), and land covered with water; (Added 53 of 1996 s. 2)
"Part I offence" (第I部罪行) means an offence under any of the enactments specified in column 2 of Part I of
Schedule 2; (Added 53 of 1996 s. 2)
"proof of identity" (身分證明文件) has the same meaning as in section 17B of the Immigration Ordinance (Cap
115); (Added 53 of 1996 s. 2)
"Public Service (Administration) Order" (《公務人員(管理)命令》) means -
(a) the Public Service (Administration) Order 1997 (Executive Order No. 1 of 1997);
(b) the Public Service (Disciplinary) Regulation made under section 21 of that Order (and together with
that Order published as S.S. No. 5 to Gazette No. 2/1997); and
(c) any other regulation made or any direction given under that Order,
as amended from time to time; (Added 76 of 1999 s. 3)
"scheduled offence" (表列罪行) means an offence under any of the enactments specified in column 2 of Part I or II
of Schedule 2; (Added 53 of 1996 s. 2)
"Service" (事務隊) means the Immigration Service established by section 3.
(2) In this Ordinance, a reference to place shall be construed as including a reference to-
(a) land;
(b) any means of air, land, sea or other water transport; and
(c) any structure (including a structure on land and a floating structure). (Added 53 of 1996 s. 2)
Cap 331 - IMMIGRATION SERVICE ORDINANCE 2
Part: II ESTABLISHMENT OF SERVICE AND ITS
REGULATION AND CONTROL
30/06/1997
Section: 3 Establishment and composition of Service 30/06/1997
There is hereby established a service which shall be known as the Immigration Service and which shall consist
of the officers and other ranks specified in Schedule 1.
(Amended 20 of 1966 s. 2; 53 of 1996 s. 3)
Section: 4 Payment and maintenance of Service 76 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3
Provision for the payment and maintenance of the Service shall be by charges on the general revenue of Hong
Kong to such amounts as may by annual vote or otherwise be voted by the Legislative Council.
(Amended 76 of 1999 s. 3)
Section: 5 Direction and administration of Service 76 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3
Subject to the orders and control of the Chief Executive, the Director shall be responsible for the direction and
administration of the Service.
(Amended 76 of 1999 s. 3)
Section: 6 Warrant cards 30/06/1997
A warrant card shall be issued to every member of the Service and shall be evidence of his membership thereof.
(Amended 16 of 1980 s. 2)
Section: 7 Duty of members to obey orders 30/06/1997
Every member of the Service shall obey all lawful orders of his superior officers whether the same are given
orally or in writing, and shall also obey all orders made by the Director under the provisions of section 9.
Section: 8 Disciplinary offences by certain members of Service 30/06/1997
(1) Any assistant immigration officer and any member of the Service having a rank lower than that of assistant
immigration officer who is found guilty by an assistant director of immigration of any of the following, namely-
(a) absence from duty without leave or good cause;
(b) sleeping on duty;
(c) conduct to the prejudice of good order and discipline;
(d) disobedience of orders;
(e) insubordination;
(f) neglect of duty or orders;
(g) being unfit for duty by reason of intoxication;
(h) in the course of duty, making a statement which is false in a material particular;
(i) unlawful or unnecessary exercise of authority resulting in loss or injury to any person or to the
Government;
(j) wilfully or negligently damaging or destroying or negligently losing any Government property;
(k) conduct calculated to bring the public service into disrepute,
Cap 331 - IMMIGRATION SERVICE ORDINANCE 3
shall be liable to be punished by such assistant director of immigration with any one or more of the following
punishments-
(i) reduction in rank;
(ii) caution, warning, reprimand or severe reprimand;
(iii) forfeiture of not more than 1 week's pay, save that, in the case of absence without leave or good cause
for more than 1 week, pay may be forfeited for a period of not more than the period of such absence
from duty;
(iv) performance of extra duties for a period not exceeding 12 hours nor exceeding 6 hours in any week;
(v) stoppage of increment for a period not exceeding 12 months.
(2) Any member of the Service aggrieved by any finding of or punishment imposed by an assistant director of
immigration under the provisions of subsection (1) may, within 14 days from the date thereof, appeal to the Director.
(3) Upon any such appeal, the Director may confirm, reverse or vary such finding or punishment:
Provided that he shall not impose any punishment other than a punishment which an assistant director of
immigration is authorized to impose under the provisions of subsection (1).
(4) In the event of any such appeal, the punishment against the imposition of which, or imposed on the finding
against which, the appeal is made shall be suspended pending the determination of the appeal.
Section: 9 Power of Director to make standing orders 30/06/1997
(1) The Director may make orders, which shall be known as Service standing orders, prescribing or providing
for-
(a) the control, direction and information of the Service;
(b) discipline;
(c) training;
(d) classifications and promotions;
(e) inspections, drills, exercises and parades;
(f) welfare;
(g) departmental finance;
(h) services to be performed by members of the Service;
(i) the manner and form of reports, correspondence and other records;
(j) the performance of any act which may be necessary for the proper carrying out of the duties of the
Service;
(k) such other matters as may, in his opinion, be necessary or expedient for preventing abuse or neglect of
duty and for rendering the Service efficient in the discharge of its duties.
(2) No Service standing order shall be inconsistent with any of the provision of this Ordinance.
Section: 10 Members of Service on duty 76 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3
For the purposes of this Ordinance, every member of the Service shall be deemed to be always on duty when
required to act as such and shall perform the duties imposed upon, and exercise the powers granted to, him under this
Ordinance or any other law at any and every place in Hong Kong where he may be doing duty.
(Amended 76 of 1999 s. 3)
Section: 11 Duty of member to deliver up uniform, etc. on leaving
Service
30/06/1997
Every member of the Service who leaves the Service, whether in consequence of his resignation or dismissal or
otherwise, shall on leaving the same deliver up his uniform and warrant card and any other Government property
which may be in his possession.
Cap 331 - IMMIGRATION SERVICE ORDINANCE 4
Part: III CERTAIN POWERS OF MEMBERS OF SERVICE 30/06/1997
Section: 12 Power to arrest and search suspects, etc. 30/06/1997
(1) If a member of the Service finds in any street or other public place, or on board or in any means of air, land,
sea or other water transport any person whom he may reasonably suspect of being guilty of a Part I offence, he may-
(a) stop the person for the purpose of demanding that he produce proof of his identity for inspection by the
member;
(b) subject to subsection (4), detain the person for a reasonable period while the member inquires about
the suspected commission of the offence;
(c) subject to subsections (5) and (6), search the person for anything that is likely to be of value (whether
by itself or together with anything else) to the investigation of the offence; and
(d) subject to subsection (4), detain the person during such period as is reasonably required for the purpose
of effecting such a search.
(2) A member of the Service may, without warrant, arrest any person whom he may reasonably suspect of
being guilty of an offence under this Ordinance or of a scheduled offence-
(a) if the offence is one for which a person may, on conviction, be sentenced to a term of imprisonment; or
(b) if, in case the offence is not one described in paragraph (a), it appears to the member that service of a
summons in respect of the offence is impracticable because-
(i) the name of the person is unknown to, and cannot readily be ascertained by, the member;
(ii) the member has reasonable grounds for doubting whether a name given by the person as his
name is his real name;
(iii) the person has failed to give an address for service; or
(iv) the member has reasonable grounds for doubting whether an address given by the person is a
satisfactory address for service.
(3) Where a person is arrested under this section, a member of the Service, together with any person acting in
his aid at the request of a member of the Service, may, without warrant, search the person and the place in which the
person is arrested, and seize, remove and detain any thing found on the person or in the place and which the member
may reasonably suspect to be of value (whether by itself or together with anything else) to the investigation of the
offence in relation to which the person is arrested.
(4) A person shall not be detained under subsection (1)(b) or (d) for more than 12 hours.
(5) A person shall not be searched under this section other than by a person of the same sex.
(6) A person shall not be searched under this section in a public place if he objects to being so searched.
(7) If any person resists, or attempts to evade arrest by a member of the Service under this section, the member
may use such force as is reasonably necessary to effect the arrest.
(Replaced 53 of 1996 s. 4)
Section: 13 Power to enter and search for suspects 30/06/1997
(1) If a member of the Service has reason to believe that-
(a) a person whom he intends to arrest under section 12 has entered or is in any place; and
(b) in order to effect the arrest it is necessary to enter and search the place,
he may request any person residing in or in charge of the place to allow him, together with any person acting in his aid
at the request of a member of the Service, to enter the place, and to afford all reasonable facilities for conducting a
search of the place.
(2) A person residing in or in charge of a place referred to in subsection (1) shall, upon request by that member,
allow the member, together with any person acting in his aid at the request of a member of the Service, to enter the
place, and afford all reasonable facilities for conducting a search of the place.
(3) If-
(a) paragraphs (a) and (b) of subsection (1) apply;
(b) entry to the place cannot be effected under subsection (1); and
(c) the offence for which the member intends to effect the arrest is an arrestable offence,
the member, together with any person acting in his aid at the request of a member of the Service, may, without
warrant, enter the place and search for the suspect.
Cap 331 - IMMIGRATION SERVICE ORDINANCE 5
(4) Before entering any place under this section, a member of the Service shall, if so required, first state the
purposes for which he seeks such entry and produce for inspection his warrant card.
(Replaced 53 of 1996 s. 4)
Section: 13A Procedure after arrest 76 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3
(1) A person who is arrested by a member of the Service under the provisions of section 12 or of the
Immigration Ordinance (Cap 115)-
(a) may be taken by a member of the Service to an office of the Service; or
(b) may, whether or not he has been taken to an office of the Service under paragraph (a), be taken to a
police station and there dealt with in accordance with the Police Force Ordinance (Cap 232).
(2) Where a person so arrested is taken to an office of the Service under subsection (1)(a), he may be-
(a) detained at that office of the Service or at a designated place, if any member of the Service of or above
the rank of Chief Immigration Officer considers it necessary for the purposes of inquiries; or
(b) released on bail-
(i) on his depositing with a member of the Service such reasonable sum of money as any member of
the Service of or above the rank of Immigration Officer may require; or
(ii) on his entering into such recognizance, with such sureties, if any, as any member of the Service
of or above the rank of Immigration Officer may require; or
(iii) on his depositing such a sum of money and entering into such a recognizance.
(3) A person who has been released on bail on his depositing a sum of money for the purposes of subsection (2)
shall-
(a) appear before a magistrate at such time and place as any member of the Service of or above the rank of
Immigration Officer specifies; or
(b) attend at such other place at such time as any member of the Service of or above the rank of
Immigration Officer specifies, and thereafter at such time and place, if any, as any such member may
specify.
(4) A person who has been released on bail on his entering into a recognizance for the purposes of subsection
(2) shall-
(a) appear before a magistrate at such time and place as may be specified in the recognizance; or
(b) attend at such other place at such time as may be specified in the recognizance, and thereafter at such
time and place, if any, as any member of the Service of or above the rank of Immigration Officer may
specify.
(5) If any person fails to appear before a magistrate or to attend at any other place in accordance with
subsection (3) or (4), a magistrate may, on application by the Director, order any sum of money deposited, and any
recognizance entered into, for the purposes of subsection (2) to be forfeited in the same manner as a recognizance is
forfeited under the Magistrates Ordinance (Cap 227).
(6) Where a magistrate makes an order under subsection (5), the payment of any sum due as security taken
from a surety under subsection (2)(b)(ii) or (iii) may be enforced as if it were a security to which section 64 of the
Magistrates Ordinance (Cap 227) applies.
(7) A person who is detained under subsection (2)(a) shall be charged and brought before a magistrate-
(a) subject to paragraph (b), within the period of 48 hours immediately following his arrest; or
(b) where he has immediately before his arrest been detained under section 12(1)(b) or (d) or both, within
the period of 48 hours immediately following the time when he began to be detained under section
12(1)(b) or (d) or both, as the case may be,
unless he is sooner released, whether under subsection (2)(b) or otherwise, or is otherwise detained, removed or
deported under the Immigration Ordinance (Cap 115).
(8) The Chief Executive may by order make such provision as he considers necessary with respect to the
treatment of persons being detained, whether under subsection (2)(a) or pursuant to an order of a magistrate under
section 20(3) or 79(1) of the Magistrates Ordinance (Cap 227). (Amended 76 of 1999 s. 3)
(9) The Secretary for Security may, by order published in the Gazette, designate any place as a designated
place for the purposes of this section.
Cap 331 - IMMIGRATION SERVICE ORDINANCE 6
(Added 53 of 1996 s. 4)
Section: 13B Arrest of persons granted bail 30/06/1997
(1) A member of the Service authorized in that behalf in writing by the Director may, without warrant, arrest
any person who has been released on bail under section 13A(2)(b), or has otherwise been admitted to bail following
his arrest by a member of the Service or following his appearance before a magistrate on a summons in respect of an
offence referred to in section 12(1)-
(a) if the member has reasonable grounds for believing that any of the conditions on or subject to which
the person was so released on bail or otherwise admitted to bail has been or is likely to be broken; or
(b) on being notified in writing by any surety for the person that the surety believes that that person is
likely to break the condition that he will appear at the time and place thereunder required and for that
reason the surety wishes to be relieved of his obligation as surety.
(2) A person who is arrested under subsection (1) shall be brought before a magistrate within the period of 24
hours immediately following his arrest or, if he is not so brought within that period, as soon as practicable after its
expiry, but where he was so arrested within the period of 24 hours immediately preceding the time at which he is
required, by virtue of a condition of his release on bail under section 13A(2) or of other bail granted to him, to appear
before a court, he shall instead be brought before that court.
(3) If it appears to the magistrate or court before whom or which a person is brought under subsection (2) that
any of the conditions on or subject to which the person was released on bail or otherwise admitted to bail has been or
is likely to be broken, the magistrate or court concerned may-
(a) remand the person in custody; or
(b) admit the person to bail on the same conditions or on such other conditions as he or it thinks fit,
but if the magistrate or court concerned is not satisfied that any of the conditions has been or is likely to be broken, the
magistrate or court concerned shall admit the person to bail on the same conditions.
(4) Nothing in this section shall derogate from or otherwise affect the powers of arrest conferred by section 9K
of the Criminal Procedure Ordinance (Cap 221).
(Added 53 of 1996 s. 4)
Section: 13C Power of search and seizure 30/06/1997
(1) Where it appears to a magistrate upon the oath of a member of the Service that there is reason to believe
that there is in any place any thing which is or contains evidence which may be required in proceedings for an offence
under this Ordinance or for a scheduled offence, or wholly or partly by means of which or in relation to which any
such offence has been or is about to be committed, or which is likely to be of value (whether by itself or together with
anything else) to any investigation into any such offence, the magistrate may, by warrant delivered to a member of the
Service, authorize such member, with such assistance as may be reasonably necessary, to enter the place specified in
the warrant and to search for, examine and inspect, and seize, remove and detain any such thing.
(2) Before entering any place under subsection (1), a member of the Service shall, if so required, first-
(a) state the purposes for which he seeks such entry and produce for inspection his warrant card; and
(b) produce the warrant pursuant to which the entry is proposed to be made.
(Added 53 of 1996 s. 4)
Section: 13D Miscellaneous powers of members of Service 30/06/1997
For the purposes of effecting an entry or search under this Ordinance, a member of the Service and any person
acting in his aid at the request of a member of the Service may, if necessary, break open any outer or other door or
window.
(Added 53 of 1996 s. 4)
Section: 14 Power to take photograph, etc. of arrested person 30/06/1997
(1) A member of the Service who arrests a person, whether under the provisions of this Ordinance or of any
other enactment, may require the person to give his correct name and to produce evidence of identity. (Added 53 of
Cap 331 - IMMIGRATION SERVICE ORDINANCE 7
1996 s. 5)
(2) Any member of the Service or any police officer may take the photograph, finger-prints, weight and
measurements of any person who has been arrested by any such member, whether under the provisions of this
Ordinance or of any other enactment: (Amended 53 of 1996 s. 5)
Provided that, if any such person who has not previously been convicted is subsequently discharged or acquitted,
any photograph (both negative and copies), finger-print impressions and records of weight or measurements so taken
shall as soon as reasonably practicable be destroyed or, if the person prefers, delivered to that person. (Amended 53 of
1996 s. 5)
Section: 14A Saving of other powers 30/06/1997
The powers conferred on a member of the Service by this Part are in addition to, and not in substitution for, any
other powers, if any, conferred on him whether by Ordinance or otherwise.
(Added 53 of 1996 s. 6)
Part: IV IMMIGRATION SERVICE WELFARE FUND L.N. 289 of 1999 19/11/1999
(Part IV replaced 58 of 1999 s. 5)
Section: 15 Definitions: Part IV L.N. 9 of 2010 31/03/2010
In this Part-
"acquire" (取得) means acquire by purchase or by any other lawful means;
"amenities" (設施活動) means any of the following-
(a) facilities that are not chargeable to the general revenue, including holiday premises and recreational
facilities (whether provided free or for a charge);
(b) social, educational and recreational activities and performances (whether provided free or for a charge
and whether provided for participation or as spectator events);
"beneficiaries" (受益人) means the following persons-
(a) members of the Service;
(b) former members of the Service;
(c) dependants of deceased persons who, at the time of death, were members of the Service;
(d) dependants of deceased former members of the Service;
"civil service provident fund scheme" (公務員公積金計劃) means the Civil Service Provident Fund Scheme
referred to in the government regulations; (Added 6 of 2009 s. 25)
"corporation" (法團) means the corporation sole constituted under section 16(1);
"dependant" (受養人) means-
(a) in relation to a member or a former member of the Service-a person who, in the opinion of the
Director, is wholly or partially dependent on the member or former member; and
(b) in relation to a deceased member or a deceased former member of the Service-a person who, in the
opinion of the Director, was, at the time of the death of the member or former member, wholly or
partially dependent on the member or former member;
"dispose of" (處置) means dispose of by sale, lease, hiring, mortgage or any other lawful means;
"former member of the Service" (前事務隊成員) means a person who was formerly a member of the Service and-
(a) who has retired from the Service with any of the following retirement benefits- (Amended 6 of 2009 s.
25)
(i) the pension, gratuity or other allowance of that person as provided for under the Pensions
Ordinance (Cap 89);
(ii) the pension benefits of that person as provided for under the Pension Benefits Ordinance (Cap
99);
(iii) the part of that person’s beneficial interests in the civil service provident fund scheme that is
attributable to sums derived from the voluntary contributions made by the Government, as
employer, in respect of that person under section 11(4) of the Mandatory Provident Fund
Cap 331 - IMMIGRATION SERVICE ORDINANCE 8
Schemes Ordinance (Cap 485), together with the income, profits or losses arising from any
investment of those sums and of such income or profits; or (Amended 6 of 2009 s. 25)
(b) whose contract of service as a member of the Service has expired on or after the person reached 55
years of age without the contract being renewed;
"function" (職能) includes a power, an authority and a duty;
"Fund" (基金) means the Immigration Service Welfare Fund continued by section 16A;
"member of the Service" (事務隊成員) means the holder of a rank specified in Schedule 1;
"this Part" (本部) includes regulations made under section 22(a).
(Part IV replaced 58 of 1999 s. 5)
Section: 16 Director to be corporation sole for purposes of this Part L.N. 289 of 1999 19/11/1999
(1) The Director is constituted as a corporation sole for the purposes of this Part with the corporate name of
"Director of Immigration Incorporated".
(2) The corporation-
(a) has perpetual succession; and
(b) for the purposes of this Part, may acquire, hold and dispose of real and personal property; and
(c) may take legal proceedings and be proceeded against in its corporate name; and
(d) is required to have a corporate seal; and
(e) for the purposes of this Part, has the capacity to do and be subjected to all other things that bodies
corporate may, by law, do and be subjected to.
(3) A document requiring authentication by the corporation is sufficiently authenticated if it is signed by the
Director or by any member of the Service authorized to do so by the Director.
(4) The affixing of the corporate seal to a document executed by the corporation is not valid unless
authenticated by the Director or a member of the Service designated for the purpose by the Director.
(5) The corporation is not a trustee for the beneficiaries, but, subject to subsection (6), nothing in this Part
limits a right conferred by law to bring legal proceedings against the corporation for a contravention of this Part or a
failure to perform a duty imposed by this Part.
(6) Neither the Director nor any delegate of the corporation is personally liable in any legal proceedings arising
out of an act done or omitted to be done in relation to the Fund if the act was done or omitted to be done in good faith
for the purpose of giving effect to this Part.
(Part IV replaced 58 of 1999 s. 5)
Section: 16A Continuance of Immigration Service Welfare Fund L.N. 289 of 1999 19/11/1999
(1) The fund called the "Immigration Service Welfare Fund" in English and "入境事務隊福利基金"
(formerly "人民入境管理隊福利基金") in Chinese is continued by this section.
(2) The Fund and the property derived from the application of the Fund are vested in the corporation.
(Part IV replaced 58 of 1999 s. 5)
Section: 16B What the Fund consists of 26 of 2012 27/07/2012
The Fund consists of the following-
(a) any donations made to the Fund;
(b) proceeds from the sale of souvenirs and the disposal of other property held for the purposes of the
Fund;
(c) all fees collected from social, educational and recreational activities organized by or on behalf of the
Director for the purposes of the Fund;
(d) money derived from the investment of the Fund;
(e) money accruing as interest on loans made from the Fund;
(f) gifts of money required under the notice from time to time given by the Chief Executive for the
purposes of section 3 of the Prevention of Bribery Ordinance (Cap 201) to be disposed of by being
paid into the Fund; (Amended 10 of 2005 s. 218; 26 of 2012 s. 48)
Cap 331 - IMMIGRATION SERVICE ORDINANCE 9
(g) any money voted to the Fund by the Legislative Council;
(h) money held in the Fund immediately before the commencement of Schedule 4 to the Disciplined
Services Welfare Funds Legislation (Amendment) Ordinance 1999 (58 of 1999) and money which
was, immediately before that commencement, recoverable for the Fund and which is subsequently paid
to, or recovered for, the Fund after that commencement;
(i) money paid or payable to the credit of the Fund from any other lawful source.
(Part IV replaced 58 of 1999 s. 5)
Section: 16C Functions of corporation L.N. 289 of 1999 19/11/1999
(1) Subject to this Part, the principal function of the corporation is to administer the Fund, and the property
derived from the application of the Fund, for the benefit of beneficiaries and others as provided by this Part.
(2) The corporation has such ancillary functions as are necessary to enable it to perform its principal function.
(3) The corporation is required-
(a) to act honestly in all matters relating to its principal function; and
(b) to exercise in relation to all matters relating to the administration of the Fund the same degree of care,
skill and diligence as an ordinary prudent person would exercise in dealing with property of another
person for whom the person felt morally bound to provide; and
(c) to ensure that its functions relating to the Fund are performed or exercised in the best interests of
beneficiaries.
(Part IV replaced 58 of 1999 s. 5)
Section: 16D What the Fund may be used for L.N. 289 of 1999 19/11/1999
(1) The Fund may be used for any of the following purposes-
(a) providing and maintaining amenities for the use and enjoyment of members and former members of
the Service;
(b) making payments to the corporation's employees in respect of their employment;
(c) making payments for the services of the corporation's agents;
(d) making loans to members and former members of the Service;
(e) granting financial assistance to dependants of deceased persons who, at the time of death, were
members or former members of the Service in order to meet the funeral expenses of those deceased
persons;
(f) making grants, allowances and gifts to beneficiaries for purposes other than the purpose mentioned in
paragraph (e);
(g) making or acquiring souvenirs for sale to beneficiaries and others;
(h) making donations to charitable or community organizations;
(i) paying interest that is payable on loans made to the corporation or the Fund.
(2) The corporation-
(a) may dispose of property derived from the application of the Fund that is, in its opinion, no longer
required for the purposes of the Fund; and
(b) may pay from the Fund the expenses incurred in disposing of the property.
(3) Loans to members and former members of the Service may, at the discretion of the corporation, be granted
free of interest or subject to the payment of interest.
(4) Whenever the Director considers it appropriate to do so, the Director may permit persons who are not
members or former members of the Service to enjoy the use of amenities derived from the application of the Fund.
Permission may be granted subject to such conditions as the Director considers appropriate.
(Part IV replaced 58 of 1999 s. 5)
Section: 16E Corporation may make donations L.N. 289 of 1999 19/11/1999
The corporation may, whenever appropriate, donate money from the Fund to charitable or community
organizations on such terms and conditions as it thinks fit.
(Part IV replaced 58 of 1999 s. 5)
Cap 331 - IMMIGRATION SERVICE ORDINANCE 10
Section: 16F Corporation may employ staff L.N. 289 of 1999 19/11/1999
(1) The corporation may, for the purposes of this Part-
(a) employ persons under contracts of employment; or
(b) use the services of any staff or facilities of the Service.
(2) The corporation may fix the remuneration and other conditions of employment of its staff.
(Part IV replaced 58 of 1999 s. 5)
Section: 16G Corporation may engage agents L.N. 289 of 1999 19/11/1999
The corporation may engage and pay agents to transact any business or do any act (including receiving or paying
money) that the corporation is authorized or required to do for the purposes of this Part.
(Part IV replaced 58 of 1999 s. 5)
Section: 16H Corporation may delegate its functions L.N. 289 of 1999 19/11/1999
(1) The corporation may delegate to a specified member, or the holder of a specified office, in the Service any
of its functions, other than this power of delegation.
(2) A delegation under this section may-
(a) be general or limited; and
(b) be revoked, wholly or partly, by the corporation.
(3) A delegated function is to be performed or exercised only in accordance with any conditions to which the
delegation is subject.
(4) A delegate may, in the performance or exercise of a function delegated under this section, exercise any
other function that is incidental to the delegated function.
(5) A delegated function that is duly performed or exercised by a delegate is taken to have been performed or
exercised by the corporation.
(6) If a function is delegated to the holder of a particular office in the Service-
(a) the delegation does not cease to have effect merely because the person who was the holder of the
office when the function was delegated ceases to be the holder of that office; and
(b) the function may be exercised, or, in the case of a duty, must be performed, by the person for the time
being occupying or acting in the office.
(7) A function that has been delegated may be performed or exercised by the corporation despite the
delegation.
(Part IV replaced 58 of 1999 s. 5)
Section: 16I Corporation may enter into contracts and other
transactions
L.N. 289 of 1999 19/11/1999
(1) The corporation may enter into contracts and other transactions for the purposes of the Fund.
(2) A person who pays money under a contract or other transaction purporting to be entered into under this
section has no obligation to see that the money is paid into the Fund.
(3) A person who enters into a contract or other transaction with another person who purports to be a delegate
of the corporation has no obligation to be satisfied that the corporation has delegated to the other person the power to
enter into the contract or other transaction.
(Part IV replaced 58 of 1999 s. 5)
Part: V OFFENCES AND PENALTIES 30/06/1997
Section: 17 Offences in relation to disaffection in the Service 30/06/1997
Any person who causes, or does any act calculated to cause, disaffection amongst the members of the Service or
induces, or does any act calculated to induce, any member of the Service to withhold his services or to commit
Cap 331 - IMMIGRATION SERVICE ORDINANCE 11
breaches of discipline shall be guilty of an offence and shall be liable on summary conviction to a fine at level 1 and to
imprisonment for 2 years.
(Amended L.N. 25 of 1996)
Section: 18 Making of false reports, etc. to member of Service 30/06/1997
Any person who knowingly-
(a) makes or causes to be made to any member of the Service a false report of the commission of any
offence; or
(b) misleads any member of the Service by giving false information or by making false statements or
accusations,
shall be guilty of an offence and shall be liable on summary conviction to a fine at level 3 and to imprisonment for 6
months.
(Amended L.N. 25 of 1996)
Section: 19 Assaulting or resisting member of Service 30/06/1997
Any person who assaults, resists or obstructs any member of the Service acting in the execution of his duty, or
aids or incites any person to assault, resist or obstruct any such member of the Service, shall be guilty of an offence
and shall be liable on summary conviction to a fine at level 1 and to imprisonment for 6 months.
(Amended L.N. 25 of 1996)
Section: 20 Contravention of section 11 to be an offence 30/06/1997
Any person who contravenes the provisions of section 11 shall be guilty of an offence and shall be liable on
summary conviction to a fine at level 1 and may, in addition, be ordered by the court before which he is convicted to
pay to the Government any sum not exceeding an amount equal to the value of the property.
(Amended L.N. 25 of 1996)
Section: 21 Unauthorized wearing of Service uniform, etc. 30/06/1997
If any person who is not a member of the Service wears, without the permission of the Director, the uniform of
the Service or any dress having the appearance, or bearing any of the distinctive marks, of that uniform, he shall be
guilty of an offence and shall be liable on summary conviction to a fine at level 1.
(Amended L.N. 25 of 1996)
Part: VI SUPPLEMENTARY AND MISCELLANEOUS 30/06/1997
Section: 22 Regulations 76 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3
The Chief Executive in Council may by regulation provide for- (Amended 76 of 1999 s. 3)
(a) the control, administration and investment of the Immigration Service Welfare Fund; (Replaced 20 of
1966 s. 4)
(b) such other matters as may be necessary or expedient for rendering the Service efficient in the discharge
of its duties;
(c) the better carrying into effect of the provisions of this Ordinance.
Cap 331 - IMMIGRATION SERVICE ORDINANCE 12
Section: 23 Application of section 102 of Criminal Procedure
Ordinance (Cap 221)
30/06/1997
The provisions of section 102 of the Criminal Procedure Ordinance (Cap 221) shall apply to any property which
has come into the possession of any member of the Service in connection with any criminal offence as they apply to
property which has so come into the possession of the police.
Section: 24 Saving in relation to application of Public Service
(Administration) Order and government regulations
76 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3
Nothing in the provisions of section 8 shall be deemed to affect the application to any assistant immigration
officer or to any member of the Service having a rank lower than that of assistant immigration officer of Public
Service (Administration) Order, so far as they are applicable, or the government regulations, so however that no
member of the Service shall be liable to be proceeded against under the Public Service (Administration) Order or
government regulations in respect of any act or omission which has been the subject of disciplinary proceedings under
the provisions of the said section 8.
(Amended 76 of 1999 s. 3)
Section: 25 Saving of the rights of the Central People's Government
and the Government of Hong Kong Special Administrative
Region
76 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3
Nothing in the provisions of this Ordinance shall be deemed to affect the right of the Central People's
Government to dismiss or terminate the appointment of the Director, or of the Government of Hong Kong Special
Administrative Region to dismiss or terminate the appointment of any other member of the Service, and without
compensation.
(Amended 76 of 1999 s. 3)
Section: 26 Amendment of Schedule 76 of 1999 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 76 of 1999 s. 3
The Chief Executive may from time to time by order, which shall be published in the Gazette, amend the
Schedule 1.
(Added 20 of 1966 s. 5. Amended 53 of 1996 s. 7; 76 of 1999 s. 3)
Schedule: 1 L.N. 289 of 1999 19/11/1999
[sections 3, 15 & 26]
(Amended 53 of 1996 s. 8; 58 of 1999 s. 5)
Director of Immigration.
Deputy Director of Immigration.
Assistant Director of Immigration.
Senior Principal Immigration Officer.
Principal Immigration Officer.
Assistant Principal Immigration Officer.
Chief Immigration Officer.
Cap 331 - IMMIGRATION SERVICE ORDINANCE 13
Senior Immigration Officer.
Immigration Officer.
Assistant Immigration Officer.
Chief Immigration Assistant.
Senior Immigration Assistant.
Immigration Assistant.
(Replaced L.N. 102 of 1973. Amended L.N. 266 of 1978; 65 of 1989 s. 4; L.N. 351 of 1993)
Schedule: 2 SCHEDULED OFFENCES 18 of 2014 05/12/2014
[section 2]
PART I
Column 1
Column 2 Column 3
Item
Enactment Description of offence
1. Registration of Persons Ordinance (Cap 177)
section 5 failure to use registered name and to submit
number of identity card
section 7A possession of forged identity cards
section 7AA transfer of identity card
section 7B failure to apply for new identity cards
section 12 unauthorized handling of particulars
(Amended 9 of 2003 s. 24; 18 of 2014 s. 163)
2. Registration of Persons Regulations (Cap 177
sub. leg. A)
regulation 11(2A) failure to carry and produce identity card
regulation 11A(2) obstructing public officers in verification of
identity
regulation 12(1) making alteration to identity card or documents
regulation 12(1A) tampering with chip in identity card
regulation 12(2) possession of altered identity card or documents
regulation 12(2A) possession of identity card embodying chip
tampered with
regulation 13A furnishing false particulars of loss, etc. of
identity card
regulation 19 miscellaneous offences
(Amended 9 of 2003 s. 24)
3. Crimes Ordinance (Cap 200)
section 32 false statements on oath made otherwise than in
a judicial proceeding
section 34 false statements, etc. with reference to marriage
section 35 false statements, etc. as to births or deaths
section 36 false statutory declarations and other false
statements without oath
section 38 aiders, abettors, suborners, etc. regarding
commission of offences relating to perjury,
etc.
section 40 using false affidavits
section 71 forgery
section 72 copying a false instrument
Cap 331 - IMMIGRATION SERVICE ORDINANCE 14
section 73 using a false instrument
section 74 using a copy of a false instrument
section 75 possessing a false instrument
section 76 making or possessing equipment for making a
false instrument
section 88 making false entry in register of births, etc.
section 89 making false entry in copy of register sent to
registrar
section 93 aiders and abettors regarding commission of
offences relating to false certification and
personation, etc.
PART II
Column 1 Column 2 Column 3
Item Enactment Description of offence
1. Births and Deaths Registration
Ordinance (Cap 174)
section 21(3) obstruction, etc. to inquiry of correctness of death
certificate
section 28 breach or infringement of any provisions of the Births
and Deaths Registration Ordinance (Cap 174)
2. Births Registration (Special Registers)
Ordinance (Cap 175)
section 10(1)
section 10(2)
loss or injury of special register of births, etc.
tampering with database, etc.
(Amended 8 of 2006 s. 51)
3. Deaths Registration (Special Registers)
Ordinance (Cap 176)
section 10(1)
section 10(2)
loss or injury of special register of deaths, etc.
tampering with database, etc.
(Amended 8 of 2006 s. 51)
4. Marriage Reform Ordinance
(Cap 178)
section 10(2) failure to comply with a summons or requirement
issued or made for purposes of determination of
application for registration of customary marriage
or validated marriage
section 23 removal, etc. of records
5. Marriage Ordinance (Cap 181)
section 29 marrying, etc. minor without consent of proper person
section 30 offences by minister
section 31(1) or (2) failure to transmit certificate
section 31A(1) failure by civil celebrant to return notice of
appointment, etc. upon cancellation or suspension
of appointment
section 31A(2) failure by civil celebrant to provide information
section 31A(3) failure by civil celebrant to notify cessation of
compliance with appointment criteria
Cap 331 - IMMIGRATION SERVICE ORDINANCE 15
section 31A(4) failure by civil celebrant to forward certificate of the
Registrar to parties
section 32 removing, etc. record
section 33 unauthorized person celebrating marriage
section 33A(1) providing false information in relation to appointment
of civil celebrant
section 33B false advertisement or representation as regards status
of civil celebrant
section 39(3) failure to comply with conditions of celebration of
marriage in articulo mortis, etc.
section 39(4) failure by minister to transmit certificate of marriage
in articulo mortis
(Amended 23 of 2005 s. 27)
6. Offences against the Person
Ordinance (Cap 212)
section 45 bigamy
Any description of an offence is included for ease of reference only.
(Added 53 of 1996 s. 9)
