Hong Kong Regulations

REGISTRATION OF PERSONS REGULATIONS - REGULATION 12

Prohibition against making alteration to identity card

(Past version on 30/06/1997).

(1) Any person who, without the authority of the Commissioner, makes any mark
or entry upon, or erases, cancels or alters any mark or entry contained in, or
otherwise defaces, or destroys, an identity card or other document issued for
the purposes of the Ordinance or of these regulations shall be guilty of an
offence. (L.N. 301 of 1980; L.N. 382 of 1989)

(1A) Any person who, without lawful authority or reasonable excuse-

   (a)  stores data in a chip;

   (b)  gains access to any data stored in a chip;

   (c)  erases, cancels, alters or adds to any data stored in a chip; or

(d ) renders a chip ineffective, shall be guilty of an offence. (9 of 2003 s.
14)

(1B) For the purposes of subregulation (1A), a person to whom an identity card
relates has lawful authority to gain access to-

   (a)  data specified in Schedule 1 which are stored in the chip embodied in
        the identity card if he gains such access by using facilities provided
        by or with the approval of the Government; or

   (b)  data specified in Schedule 5 which are stored in the chip embodied in
        the identity card if he gains such access only for the purpose for
        which the data are stored. (9 of 2003 s. 14)

(2) Any person who, without lawful authority or reasonable excuse, uses or has
in his possession an identity card, or other document issued or required for
the purposes of the Ordinance or of these regulations, which is unlawfully
altered shall be guilty of an offence. (L.N. 158 of 1973; L.N. 301 of 1980;
L.N. 298 of 1981; 9 of 2003 s. 14)

(2A) Any person who, without lawful authority or reasonable excuse, uses or
has in his possession an identity card embodying a chip in respect of which an
offence under subregulation (1A) has been committed shall be guilty of an
offence. (9 of 2003 s. 14)

(3) (Repealed L.N. 382 of 1989)

(4) Any person who commits an offence under subregulation (1),

(1A), (2) or (2A) shall be liable to a fine at level 4 and to imprisonment for
2 years. (L.N. 301 of 1980; L.N. 382 of 1989; L.N. 25 of 1996; 9 of 2003 s.
14)