Page:Immigration (Amendment) Ordinance 2009.pdf/3

“38AA. Prohibition of taking employment and establishing business, etc.

(1) A person—

(a) who, having landed in Hong Kong unlawfully, remains in Hong Kong without the authority of the Director under section 13; or

(b) in respect of whom a removal order or a deportation order is in force,

must not take any employment, whether paid or unpaid, or establish or join in any business.

(2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 3 years.”.

6. Travel document to bear visa

(1) The heading of section 61 is repealed and the following substituted—

“Visa issued in respect of valid travel document and its holder”.

(2) Section 61(1) is amended—

(a) by repealing “travel document shall not be valid” and substituting “document is not a valid travel document”;

(b) by adding “, or its holder has obtained,” after “bears”;

(c) by repealing “the person to whom the travel document relates” and substituting “its holder”.

Related Amendment

Immigration (Unauthorized Entrants) Order

7. Declaration of unauthorized entrants

Paragraph 2(2)(a) of the Immigration (Unauthorized Entrants) Order (Cap. 115 sub. leg. D) is repealed and the following substituted—

“(a) any person holding a valid travel document—

(i) who is exempted from section 61(1) of the Ordinance under section 61(2) of the Ordinance; or

(ii) who has obtained a visa issued by or on behalf of the Director of Immigration, if the visa has not expired; and”.