Hong Kong Regulations

REGISTRATION OF PERSONS REGULATIONS - REGULATION 5

Delivery of identity cards

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

(1) Subject to subregulation (1A), after due compliance by any applicant with
the provisions of regulation 4 and the payment by him to the
registration officer of the appropriate fee (if any) prescribed in Schedule 2,
the registration officer shall cause to be prepared for collection by such
applicant an identity card- (G.N.A. 55 of 1961; L.N. 158 of 1973; L.N. 204 of
1979; L.N. 86 of 1983)

   (a)  in a form approved by the Chief Executive in Council containing such
        of the information specified in Schedule 1 as is appropriate to an
        identity card of the type for which the applicant is eligible; or

   (b)  in a form approved by the Chief Executive in respect of- (L.N. 165 of
        2003)

        (i)    consuls, consular staff and their spouses and dependent
               children; and

        (ii)   the Head and members of the EC Office and their spouses and
               dependent children. (71 of 1999 s.3; L.N. 165 of 2003)

(1A) The registration officer shall not cause an identity card to be prepared
in the case of an applicant who-

   (a)  has landed in Hong Kong unlawfully within the meaning of the
        Immigration Ordinance ( Cap 115), unless the applicant is in
        possession of a document issued under that Ordinance authorizing him
        to remain in Hong Kong; or

   (b)  is in Hong Kong in breach of a limit of stay imposed upon the
        applicant under that Ordinance. (L.N. 298 of 1981)

(1B) An identity card prepared under subregulation (1)-

   (a)  shall be collected by the applicant within 120 days after the date of
        the application or such other period as the registration officer may
        specify by notice in writing served upon the applicant; or

   (b)  may, in the discretion of the registration officer, after the expiry
        of the period provided for its collection under paragraph (a), be sent
        by post to the applicant.

(1C) At the time of collection of an identity card prepared under
subregulation (1) the applicant shall surrender his perforated identity card
(if any) to the registration officer and if he fails to do so the
registration officer may refuse to deliver the identity card prepared under
subregulation (1).

(2) Without prejudice to subregulation (1B)(b), if any identity card is not
collected by the person to whom it refers from the office of the Commissioner
or from such other place as the registration officer may specify by notice in
writing served upon such person, within 30 days after the expiration of the
period of 120 days referred to in subregulation

(1B)(a) or such other period as the registration officer may have specified by
notice in writing served upon such person, such identity card may be destroyed
and such person shall be deemed not to have applied for registration under
regulation 3 or for the issue of an identity card under any of these
regulations. (G.N.A. 55 of 1961; L.N. 187 of 1974; L.N. 204 of 1979; L.N. 86
of 1983)

(3) (Repealed L.N. 178 of 1987)

(4) Notwithstanding that an applicant has committed an offence under these
regulations or under an order by the Secretary for Security under the
Ordinance by failing to apply for an identity card within the time prescribed,
without prejudice to any prosecution for such an offence, the
registration officer may, if he thinks fit, prepare an identity card for
collection by such applicant. (L.N. 86 of 1983) (L.N. 178 of 1987)