Hong Kong Ordinances

IMMIGRATION ORDINANCE - SECT 2AAA

Right to land in Hong Kong for former permanent residents

Adaptation amendments retroactively made - see 28 of 1998 s. 2(2)

(1) Subject to subsections (2) and (3), any person who-

   (a)  immediately before 1 July 1997 was a Hong Kong permanent  resident
        under this Ordinance as then in force but did not become a permanent
        resident of the Hong Kong Special Administrative Region upon the
        commencement of the Immigration (Amendment) (No. 2) Ordinance 1997
        (122 of 1997) shall, immediately upon such commencement;

   (b)  is a permanent resident of the Hong Kong Special Administrative Region
        but ceases to be such a permanent resident by virtue of the operation
        of this Ordinance shall, immediately upon such cessation, have the
        right-

        (i)    to land in Hong Kong;

        (ii)   not to have imposed upon him any condition of stay in Hong
               Kong, and any condition of stay that is imposed on him shall
               have no effect; and

        (iii)  not to have a removal order made against him.

(2) If a deportation order is made against a person who has the right to land
in Hong Kong under subsection (1), the right shall cease while the
deportation order is in force.

(3) For the avoidance of doubt, it is declared that a holder of a
permanent identity card defined in section 1A of the Registration of 
Persons Ordinance ( Cap 177) whose permanent identity card could have been
declared invalid under regulation 3D(1) of the Registration of Persons 
Regulations ( Cap 177 sub. leg. A) on the ground that he has never had the
right of abode in Hong Kong shall not have the right to land in Hong Kong
under subsection (1). (Added 28 of 1998 s. 2(2)) (Part IA added 31 of 1987 s.
3)