Cap. 177 sub. leg. A

Registration of Persons Regulations(Cap. 177, section 7) [1 June 1960](Format changes—E.R. 6 of 2024) 1. Citation These regulations may be cited as the Registration of Persons Regulations. 2. Interpretation (1) In these regulations, unless the context otherwise requires—consul (領事) means a consul de carriere officially appointed as such by the government of the appropriate foreign state, who is not engaged in private occupation for gain in Hong Kong and who at the time of his appointment was not ordinarily resident in Hong Kong; (L.N. 158 of 1973; 23 of 1998 s. 2) consular staff (領事館職員) means those members of the staff of a consul who have been appointed to their positions by the government of the appropriate foreign state, who are not engaged in private occupation for gain in Hong Kong and who at the time of their appointment were not ordinarily resident in Hong Kong; (L.N. 158 of 1973; 23 of 1998 s. 2)excluded person (被排除的人) means a person referred to in regulation 25A; (L.N. 178 of 1987) exempt person (獲豁免的人) means a person referred to in regulation 25; (L.N. 178 of 1987)Head of the EC Office (歐共體辦事處主任), and a member of the EC Office (歐共體辦事處人員), mean respectively the Head, and a member, of the Office of the Commission of the European Communities in Hong Kong within the meaning of subsection (2) or (4), as the case may be, of section 3 of the International Organizations (Privileges and Immunities) (Office of the Commission of the European Communities) Order (Cap. 558 sub. leg. A) who—(a) is not engaged in private occupation for gain in Hong Kong; and(b) is a national of a Member State of the European Communities but is not a permanent resident of the Hong Kong Special Administrative Region; (L.N. 165 of 2003)portable identity card reader (便攜式身分證閱讀器) means an instrument which—(a) can reproduce, from the data stored in the chip embodied in an identity card, any information specified in Schedule 1 but not other information;(b) can scan a person’s fingerprint for the purposes of matching with the template referred to in paragraph 1 of Schedule 1 and stored in the chip embodied in an identity card;(c) cannot keep record of any fingerprint so scanned; and(d) is of a type approved under regulation 11B; (9 of 2003 s. 8)registration office (人事登記處辦事處) means an office established or set up under section 2(3) of the Ordinance; replacement identity card (補領身分證) means a replacement identity card issued under regulation 13 or 14 in the place of an identity card; (L.N. 178 of 1987) travel document (旅行證件) has the meaning assigned to it by section 2(1) of the Immigration Ordinance (Cap. 115). (L.N. 204 of 1979) (2) Save where the contrary expressly appears, any order or direction required to be made or given by these regulations may be given in writing or verbally. 3. Duty to register and apply for an identity card (1) Every person who is not an exempt person or an excluded person, or is not the holder of a permanent identity card that was issued on an application from outside Hong Kong and who is required by section 3(2) of the Ordinance to apply to be registered, must report to a registration officer, apply to be registered and apply for an identity card— (L.N. 382 of 1989) (a) within 30 days of his entering Hong Kong; or (b) if he is already in Hong Kong when he becomes required by the Ordinance or these regulations to be registered, within 30 days of the date when he is so required, whichever is the sooner. (2) If a registration officer is satisfied, on an application under subregulation (1) by any person, that that person enjoys the right of abode in Hong Kong the registration officer shall, in accordance with these regulations, issue to the applicant a permanent identity card. (L.N. 178 of 1987) 3A. Permanent identity cards for purpose of international travel (1) Subject to subregulation (2), every person who is not an exempt person or an excluded person, and who wishes to apply under section 3A of the Ordinance for a permanent identity card shall apply in person to a registration officer for such permanent identity card. (L.N. 250 of 1991) (1A) A person who is an exempt person by virtue of regulation 25(e) or (g) and who wishes to apply for a permanent identity card shall submit to all such steps and furnish such forms and evidence as the Commissioner may specify. (L.N. 260 of 1996)(2) Where a person referred to in subregulation (1) lives outside Hong Kong and is unable to apply in person to a registration officer the applicant shall instead submit to all such steps and furnish such forms and evidence as the Commissioner may specify. (L.N. 250 of 1991) (3) If the registration officer is satisfied, on an application under subregulation (1), (1A) or (2) by any person, that that person, whether he lives in Hong Kong or elsewhere— (L.N. 260 of 1996) (a) enjoys the right of abode in Hong Kong; and (b) is also applying for a Hong Kong Special Administrative Region Passport or a certificate of identity, (127 of 1997 s. 16; 28 of 1998 s. 2)the registration officer shall, in accordance with these regulations, issue to the applicant a permanent identity card.(L.N. 178 of 1987) 3B. New identity cards (1) Subject to subregulations (2) and (3), every person who is not an exempt person or an excluded person, and who is required by section 7B(1) of the Ordinance to apply for an identity card shall apply in person to a registration officer for such identity card. (L.N. 250 of 1991) (2) Without prejudice to subregulation (1) the Commissioner may, in such special circumstances as he may determine, make arrangements for applications for identity cards to be received, and for such identity cards to be collected, at mobile or temporary offices as he may specify. (3) Any person who is issued by a registration officer with a document acknowledging that that person has applied for an identity card under subregulation (1) shall be deemed to have complied with that subregulation. (4) If a registration officer is satisfied, on an application under subregulation (1) by any person, that that person enjoys the right of abode in Hong Kong the registration officer shall, in accordance with these regulations, issue to the applicant a permanent identity card. (L.N. 178 of 1987) 3C. Perforated identity cards (1) At the time of applying for an identity card under regulation 3A or 3B the applicant shall present his existing identity card (if any) for it to be converted into a perforated identity card. (2) The registration officer may perforate, with an expiry date, an existing identity card presented under subregulation (1). (3) A perforated identity card shall expire on the date shown by the perforation made under subregulation (2) and shall thereupon cease to be valid. (4) It shall be lawful for a registration officer to destroy any perforated identity card which has ceased to be valid under subregulation (3) and surrendered to him by any person under any of these regulations. (L.N. 178 of 1987) 3D. Holder of permanent identity card not enjoying right of abode in Hong Kong (1) Where a registration officer is satisfied that a person to whom a permanent identity card has been issued no longer has, or never had, the right of abode in Hong Kong, he may by such means as he may determine declare the card to be invalid, order it to be surrendered to a registration officer and order the person to whom the card was issued, unless he is an exempt person or an excluded person or lives outside Hong Kong, to apply for an identity card other than a permanent identity card at such place, in such manner, and within such period, as he may require. (2) It shall be lawful for a registration officer to destroy any permanent identity card surrendered to him under subregulation (1). (L.N. 178 of 1987) 3E. (Repealed L.N. 250 of 1991) 4. Registration, issue and renewal requirements (1) Subject to subregulation (1D), every person who applies for registration under regulation 3 or for an identity card under any of these regulations must— (L.N. 138 of 2024)(a) submit to all such steps as may be reasonably necessary for—(i) the taking of photographs of himself in accordance with any directions given by a registration officer; (ii) the taking and recording of—(A) his left and right thumb-prints;(B) where it is only possible to take one thumb-print from him, his only thumb-print and one other fingerprint;(C) where it is not possible to take any thumb-print from him, his fingerprints of 2 other fingers; (9 of 2003 s. 9)(b) furnish to a registration officer, in such form as the registration officer may require, particulars of— (L.N. 382 of 1989) (i) the full personal name and surname of the applicant; (ii) his residential and business addresses in Hong Kong, if any, and the address to which correspondence should be directed; (iii) the nationality which he claims; (iv) his place of birth; (v) the date (if known) or the year of his birth and the number of his birth certificate or adoption certificate (if applicable); (vi) his sex; (vii) (Repealed 9 of 2003 s. 9)(viii) whether he is married or unmarried and, if he is married, the full personal name and surname and the number of the identity card (if any) of his spouse; (ix) (Repealed 9 of 2003 s. 9)(x) his profession, occupation, trade or employment; (xi) any—(A) travel document bearing an endorsement to the effect that he is authorized under the Immigration Ordinance (Cap. 115) to remain in Hong Kong; or(B) document issued under that Ordinance authorizing him to remain in Hong Kong, held by him; (9 of 2003 s. 9)(xia) (where the applicant does not have a right of abode in Hong Kong) the conditions of stay (including a limit of stay) imposed in relation to him under section 11 of the Immigration Ordinance (Cap. 115); (9 of 2003 s. 9)(xii) such further particulars relating to any of the particulars furnished under this paragraph as the registration officer may consider necessary, and must acknowledge the correctness of the contents of the particulars by signing in such place in the form as may be indicated, or attaching the person’s electronic signature or digital signature to the form. (L.N. 204 of 1979; L.N. 86 of 1983; L.N. 65 of 1986; L.N. 178 of 1987; L.N. 138 of 2024) (1A) For the purposes of subregulation (1)(b), but subject to subregulations (1B) and (1C), the full personal name and surname of an applicant shall be his full personal name and surname entered— (L.N. 86 of 1983) (a) on his birth certificate or adoption certificate (if applicable), in the case of an applicant born in Hong Kong; (b) on his travel document, in the case of an applicant who has landed in Hong Kong lawfully within the meaning of the Immigration Ordinance (Cap. 115); (c) on the document issued under the Immigration Ordinance (Cap. 115) authorizing him to remain in Hong Kong, in the case of an applicant who has landed in Hong Kong unlawfully within the meaning of the Immigration Ordinance (Cap. 115); (d) on his identity card (if any) held by him; and (e) on his certificate of naturalization, in the case of a person who has been naturalized in Hong Kong as a Chinese national, (71 of 1999 s. 3) except that the Commissioner may, if he is satisfied that the applicant is commonly known by another name, accept that name in respect of the applicant. (L.N. 204 of 1979; L.N. 178 of 1987) (1B) (a) When applying for an identity card under any of these regulations— (L.N. 178 of 1987) (i) a married woman who was registered under her maiden name may, subject to production to the registration officer of her marriage certificate, apply in writing for her identity card to be issued or renewed in her married name; and (ii) a divorced woman, or a woman whose marriage has been declared null and void, who was registered under her married name may, subject to production to the registration officer of a copy of the decree absolute or the decree of nullity, as the case may be, apply in writing for her identity card to be issued or renewed in her maiden name. (b) The registration officer may grant or refuse an application made under paragraph (a) as he thinks fit. (c) In this subregulation the expressions null and void (作廢及無效), decree absolute (絕對判令) and decree of nullity (婚姻無效判令) have the same meaning as in the Matrimonial Causes Ordinance (Cap. 179). (L.N. 86 of 1983)(1C) Notwithstanding that an applicant has furnished particulars of his personal name and surname under this regulation, any identity card that is issued to him may—(a) where the applicant has satisfied the Commissioner under subregulation (1A) that he is commonly known by another name, bear that name; (b) bear initials in place of his personal name; and (c) where the personal name and surname are in Chinese, bear their first 6 characters only. (L.N. 178 of 1987)(1D) A registration officer may waive—(a) subject to regulation 3A(2), in the case of an applicant who the registration officer is satisfied lives outside Hong Kong, all or any of the requirements of subregulation (1); (aa) in the case of an applicant who is aged, blind or infirm, and who satisfies a registration officer that compliance with the Ordinance and these regulations will injure his health or the health of others, all or any of the requirements of subregulation (1); (L.N. 260 of 1996) (b) in the case of a person under 11 years of age applying for a permanent identity card, the requirement for the applicant to submit to the steps specified in subregulation (1)(a); (c) the requirement for an applicant to furnish all or any of the particulars specified in subregulation (1)(b), if the registration officer considers that he already has in his possession sufficient details of those particulars. (L.N. 178 of 1987)(2) If an applicant is unable to write, or if he so wishes, he shall dictate the particulars under subregulation (1)(b) to a registration officer or to any person authorized in writing by the Commissioner for the purpose, and, upon completion, the applicant shall acknowledge the correctness of the particulars by affixing his signature, fingerprint or mark in the presence of the registration officer or the person authorized as aforesaid in such place in the form as may be indicated. (L.N. 178 of 1987)(3) (Repealed L.N. 178 of 1987)(4) Notwithstanding subregulations (1) and (2)—(a) an applicant who is a consul may furnish, and the registration officer may accept, suitable passport size photographs—(i) of the consul and of the spouse and dependent children of the age of 11 years and above of the consul; and(ii) of the consular staff of the consul and of their spouses and their dependent children of the age of 11 years and above; and(b) an applicant who is the Head of the EC Office may furnish, and the registration officer may accept, suitable passport size photographs—(i) of the Head of the EC Office and of the spouse and dependent children of the age of 11 years and above of the Head of the EC Office; and(ii) of any member of the EC Office and of the spouse and dependent children of the age of 11 years and above of such member,and the recording of their fingerprints shall not be required. (L.N. 165 of 2003)(5) In this regulation—digital signature (數碼簽署) has the meaning given by section 2(1) of the Electronic Transactions Ordinance (Cap. 553);electronic signature (電子簽署) has the meaning given by section 2(1) of the Electronic Transactions Ordinance (Cap. 553). (L.N. 138 of 2024)(L.N. 158 of 1973) 4A. Inclusion of certain particulars and data with consent (1) Without prejudice to regulation 5(1)(a), the Commissioner or any person acting pursuant to a permission given by the Commissioner may, for the purposes referred to in column 1 of Schedule 5 and with the consent of the applicant for an identity card or the person to whom an identity card relates—(a) include in the identity card the information or particulars; and(b) store in the chip embodied in the identity card the data, referred to in column 2 of Schedule 5 which are not information, particulars or data specified in regulation 4(1) or Schedule 1.(2) If—(a) the Commissioner or any person acting pursuant to a permission under subregulation (1) has stored any data in a chip embodied in an identity card under that subregulation with the consent of the person to whom the identity card relates; and(b) the person to whom the identity card relates presents the identity card to the Commissioner or the person acting pursuant to such permission, as the case may be, and requests the removal of such data from the chip, the Commissioner or the person acting pursuant to such permission, as the case may be, shall as soon as practicable remove the data from the chip.(3) A permission referred to in subregulation (1) may be—(a) given by the Commissioner—(i) to any person or any class of persons; or(ii) generally or in a particular case, in such manner; and(b) subject to such condition, as the Commissioner thinks fit.(9 of 2003 s. 10) 4B. Submission and processing of application for identity card by automated means (1) For the purposes of the Ordinance and these regulations, the Commissioner may specify automated means—(a) to receive an application for an identity card;(b) to verify the identity of an applicant to whom this subregulation applies;(c) to demand and collect the appropriate fee (if any) prescribed in Schedule 2 from the applicant at the time when the application is made;(d) to issue a document acknowledging the receipt of the application;(e) to cause the identity card to be issued to the applicant;(f) to collect any identity card surrendered by the applicant; and(g) to perform any other function that may be necessary for processing the application by a registration officer.(2) Subregulation (1) applies to a person who—(a) is approved by the Commissioner to use the automated means for the purposes of the Ordinance and these regulations; and(b) voluntarily submits himself or herself to have the identity verified and application processed by the automated means.(3) Unless otherwise specified by the Commissioner, an application for an identity card by automated means is to be regarded as an application for an identity card made in person to a registration officer under the Ordinance and these regulations.(4) Despite the fact that a person has submitted an application for an identity card by automated means, a registration officer may—(a) decide whether it is appropriate for the application to be further processed by the automated means; and(b) take over the application at any time for further processing.(L.N. 138 of 2024) 5. Delivery of identity cards (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) 6. Renewal of young person’s identity card (1) Every person who is under 11 years of age and is the holder of a permanent identity card shall—(a) within 30 days of his 11th birthday; or (b) if he is outside Hong Kong on that birthday, within 30 days of his return to Hong Kong, report to a registration officer, surrender that card and apply for an identity card in place of that card. (2) Every person who is under 18 years of age and is the holder of an identity card shall—(a) within 30 days of his 18th birthday; or (b) if he is outside Hong Kong on that birthday, within 30 days of his return to Hong Kong, report to a registration officer, surrender that card and apply for an identity card in place of that card. (3) If a registration officer is satisfied, on an application under subregulation (1) or (2) by any person, that that person enjoys the right of abode in Hong Kong the registration officer shall issue to the applicant a permanent identity card. (4) An identity card surrendered to a registration officer under subregulation (1) or (2) shall thereupon cease to be valid. (5) It shall be lawful for a registration officer to destroy any identity card surrendered to him under subregulation (1) or (2). (L.N. 178 of 1987) 7. Invalidity of young person’s identity card An identity card not surrendered to a registration officer under regulation 6(1) or (2) shall cease to be valid—(a) in the case of subregulation (1) of that regulation—(i) 30 days after the holder’s 11th birthday; or (ii) if he is outside Hong Kong on that birthday, 30 days after his return to Hong Kong; or (b) in the case of subregulation (2) of that regulation—(i) 30 days after the holder’s 18th birthday; or (ii) if he is outside Hong Kong on that birthday, 30 days after his return to Hong Kong. (L.N. 382 of 1989) 7A. Renewal of permanent identity card issued abroad on return to Hong Kong (1) Every person who is not an exempt person or an excluded person, and is the holder of a permanent identity card that was issued on an application from outside Hong Kong, shall—(a) within 30 days of his return to Hong Kong; or (b) if he enters Hong Kong for the first time, within 30 days of his entering Hong Kong, report to a registration officer, surrender that card and apply for an identity card in place of that card. (2) If a registration officer is satisfied, on an application under subregulation (1) by any person, that that person enjoys the right of abode in Hong Kong the registration officer shall issue to the applicant a permanent identity card. (3) An identity card surrendered to a registration officer under subregulation (1) shall thereupon cease to be valid. (4) It shall be lawful for a registration officer to destroy any identity card surrendered to him under subregulation (1). (L.N. 382 of 1989) 7B. Invalidity of permanent identity card issued abroad (1) Where a registration officer is satisfied that a person to whom a permanent identity card that was issued on an application from outside Hong Kong has not complied with regulation 7A(1), he may by such means as he may determine declare the card to be invalid, order it to be surrendered to a registration officer and order the person to whom the card was issued to apply for an identity card at such place, in such manner, and within such period, as he may require. (2) If a registration officer is satisfied, on an application under subregulation (1) by any person, that that person enjoys the right of abode in Hong Kong the registration officer shall issue to the applicant a permanent identity card. (3) It shall be lawful for a registration officer to destroy any identity card surrendered to him under subregulation (1). (L.N. 382 of 1989) 8. Duty to keep and maintain records (1) The Commissioner shall for the purposes of the Ordinance and these regulations keep such records as he may consider necessary which shall contain all the names of an applicant and the particulars furnished by him under regulation 4(1)(b) and such other particulars as the Commissioner may, in any particular case, consider necessary. (L.N. 178 of 1987) (2) For the purposes of such records or for such other purposes as a registration officer may consider necessary, he may record fingerprints, information and documents furnished or made for the purposes of registration or for the issue or renewal of an identity card by—(a) photographing;(b) scanning; or(c) image capturing. (9 of 2003 s. 11)(3) A registration officer shall destroy identity cards, photographs, fingerprints, information and documents furnished by applicants which are in his possession—(a) when he considers that such identity cards, photographs, fingerprints, information and documents are obsolete and no longer required; or (b) when so ordered by the Chief Secretary for Administration. (L.N. 158 of 1973; L.N. 86 of 1983; L.N. 178 of 1987; L.N. 362 of 1997) 9. Power to call for further information Any registration officer may—(a) summon before him any person (including the head of a family) and require him to answer any question which he may reasonably consider necessary to ask him for the purpose of the carrying out of the provisions of the Ordinance or of these regulations; (L.N. 178 of 1987) (b) require any applicant to make such declaration, under oath or otherwise, or furnish such further particulars, or produce such documents, as he may reasonably require; (L.N. 204 of 1979) (c) require any applicant who has to comply with the provisions of regulation 4(2) to make such declaration, under oath or otherwise, or furnish such further particulars, or produce such documents, as he may reasonably require. (L.N. 204 of 1979; L.N. 178 of 1987) 10. Responsibility for custody of identity card Subject to the provisions of these regulations—(a) the applicant, other than a person under 18 years of age, to whom an identity card has been issued, shall be responsible for the custody thereof; and (L.N. 158 of 1973) (b) the head of a family the members of whose family have been issued with identity cards shall be responsible for the custody thereof. 11. Duty to carry and produce identity card (1) The Chief Executive in Council may, by order published in the Gazette, require that every person, or every person of such class or such description as may be specified in the order, shall carry his identity card when in such area or place, on such occasion, for such purpose or in such circumstance as may be specified in the order. (L.N. 176 of 1979; 71 of 1999 s. 3) (2) During the currency of an order made under subregulation (1) any person or member of a class of persons authorized for the purpose by the Commissioner of Police, any police officer or member of the Immigration Service, in uniform or on production of his authority if required, may require any person to whom the order relates to produce his identity card on demand for inspection. (L.N. 176 of 1979) (2A) Any person who is required by an order made under this regulation to carry his identity card and who is required under this regulation to produce his identity card on demand and fails to do so commits an offence and is liable to a fine at level 2 and to imprisonment for 1 year. (L.N. 176 of 1979; L.N. 301 of 1980; L.N. 25 of 1996) (3) For the purposes of identification any police officer or person or persons so authorized may, during the currency of an order made under subregulation (1), at any time take 2 fingerprints and written signature (if such person is able to write) of any person who he believes to be of 11 years of age or over and any person whose fingerprint and written signature are required under this regulation shall submit to all such steps as may be reasonably necessary for the taking thereof. (L.N. 158 of 1973; 9 of 2003 s. 12) 11A. Power to verify identity by fingerprint match (1) If—(a) a person produces his identity card to a police officer or a member of the Immigration Service in compliance with a requirement made under any Ordinance; and(b) the officer or member has reason to believe that the identity card is not issued under the Ordinance to the person, the officer or member may, by using a portable identity card reader—(c) view the information specified in Schedule 1 reproduced from the data stored in the chip embodied in the identity card;(d) scan the person’s thumb-print or other fingerprint; and(e) match the same with the template referred to in paragraph 1 of Schedule 1 and stored in the chip embodied in an identity card.(2) Any person who, without reasonable excuse, refuses to allow a police officer or a member of the Immigration Service to view any information or scan any fingerprint under subregulation (1) shall be guilty of an offence and shall be liable to a fine at level 2.(9 of 2003 s. 13) 11B. Approval of portable identity card reader The Commissioner may by notice published in the Gazette approve types of instruments as portable identity card reader for the purpose of regulation 11A.(9 of 2003 s. 13) 12. Prohibition against making alteration to identity card (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) 13. Duty to notify loss, etc., of identity card (1) If an identity card has been lost, destroyed, damaged or defaced, the person to whom it relates shall—(a) so report to a registration officer within 14 days of such loss, destruction, damage or defacement or, if he is outside Hong Kong at the time of such loss, destruction, damage or defacement, within 14 days of his return to Hong Kong; (L.N. 382 of 1989) (b) in the case of such damage or defacement, surrender that damaged or defaced card to the registration officer within that period; and (c) apply for a replacement identity card in such manner as the registration officer may require. (L.N. 178 of 1987) (2) A registration officer may— (L.N. 178 of 1987) (a) after production of such evidence, under oath or otherwise as he may require; and (aa) (Repealed L.N. 178 of 1987) (b) after such investigation as he may consider necessary; and (ba) (Repealed L.N. 178 of 1987) (c) upon such conditions as he may impose; and (d) upon payment to him of the appropriate fee (if any) prescribed in Schedule 2, (G.N.A. 55 of 1961) issue to that person a replacement identity card in the place of the one lost, destroyed, damaged or defaced. (L.N. 204 of 1979; L.N. 178 of 1987)(3) If a registration officer is satisfied, on an application under subregulation (1) by any person, that that person enjoys the right of abode in Hong Kong the registration officer shall issue to the applicant a permanent identity card. (L.N. 178 of 1987) (4) It shall be lawful for a registration officer to destroy any damaged or defaced identity card surrendered to him under subregulation (1). (L.N. 178 of 1987) 13A. Furnishing false particulars of loss etc. of identity card Any person who makes any statement or declaration or furnishes any particulars or evidence to a registration officer alleging that an identity card has been lost, destroyed, damaged or defaced knowing that such statement, declaration or particulars or evidence is false in any material particular commits an offence and is liable to a fine at level 5 and to imprisonment for 2 years. (L.N. 86 of 1983; L.N. 25 of 1996) 13B. Lost, destroyed, damaged or defaced identity card ceasing to be valid Where a person has reported to a registration officer under regulation 13(1) that an identity card has been lost, destroyed, damaged or defaced, the identity card shall, from the time that that report is made to the registration officer, cease to be valid. (L.N. 178 of 1987) 14. Replacement of identity card (1) Subject to subregulations (2) and (6), a holder of an identity card may apply to a registration officer—(a) for alteration of that card; or (b) in the case of the holder of an identity card (other than a permanent identity card) issued after 1 July 1987, for the issue of a permanent identity card in place of that card; or (c) in the case of the holder of a permanent identity card that was issued on an application from outside Hong Kong, for the issue in Hong Kong of a permanent identity card in place of that card, and the registration officer shall issue to the applicant a replacement identity card upon such conditions and upon the payment of the appropriate fee (if any) prescribed in Schedule 2. (L.N. 382 of 1989) (2) The registration officer shall only issue a replacement identity card—(a) after the identity card has been surrendered to him; (L.N. 382 of 1989) (b) after the production of such evidence, under oath or otherwise as he may require; and (c) after such investigation as he may consider necessary. (3) If a registration officer is satisfied, on an application under subregulation (1) by any person, that that person enjoys the right of abode in Hong Kong the registration officer shall issue to the applicant a permanent identity card. (4) An identity card surrendered to a registration officer under subregulation (2)(a) shall thereupon cease to be valid. (5) It shall be lawful for a registration officer to destroy any identity card surrendered to him under subregulation (2)(a). (6) An application under regulation 3A, 3B, 6, 7A or 7B or subregulation (1)(b) or (c) by the holder of an existing identity card shall not be treated as an application under subregulation (1)(a) for alteration of that card. (L.N. 382 of 1989) (L.N. 178 of 1987) 14A. (Repealed L.N. 178 of 1987) 15. Duty of finder of identity card (1) Any person who finds an identity card which does not belong to him or to a member of his family shall forthwith cause it to be delivered to any registration office or police station. (2) If at any time after an application is made to a registration officer under regulation 13(1)(c) for the issue of a replacement identity card under regulation 13(2) the card in respect of the application is found by the person to whom it relates or a member of his family, that person must immediately cause it to be delivered to any registration office or police station. (L.N. 178 of 1987; L.N. 382 of 1989; L.N. 138 of 2024) (3) It shall be lawful for a registration officer to destroy any identity card delivered to him under subregulation (1) or (2). (L.N. 178 of 1987) 16. Duty to return identity card for cancellation Upon the death of a person to whom an identity card was issued his identity card shall cease to be valid and the person in possession of his card shall deliver it within 30 days after the date of the death to the registration officer for cancellation. The registration officer may, if the person who delivered the identity card so requires, return it to such person within 14 days of its cancellation. (L.N. 158 of 1973; L.N. 178 of 1987) 17. (Repealed L.N. 178 of 1987) 18. Duty to report corrections (1) Any person who—(a) has, whether before or after the commencement* of the Ordinance, submitted particulars to a registration officer whether in respect of himself or some other person, or on whose behalf particulars have been so submitted, which, at any time, are or have become incorrect; or (L.N. 178 of 1987) (b) has in his possession an identity card which shows or includes particulars which differ from those previously submitted to a registration officer, (L.N. 178 of 1987; 9 of 2003 s. 15) shall forthwith report the fact to the nearest registration office. (2) Where, in the opinion of the registration officer it is necessary to alter the identity card of a person making a report under subregulation (1), he shall order that person to surrender his identity card to a registration officer and that person shall surrender his identity card. (L.N. 158 of 1973) (3) Where an identity card is surrendered under subregulation (2), such surrender shall be deemed to be an application under regulation 14. (L.N. 158 of 1973; L.N. 178 of 1987) (4) It shall be lawful for a registration officer to destroy any identity card surrendered to him under subregulation (2). (L.N. 178 of 1987) Editorial Note: * Commencement date: 1 June 1960. 19. Offences (1) Any person who—(a) without reasonable excuse contravenes regulation 3, 4, 6, 9, 13(1), 15(1) or (2), 16 or 18, or without reasonable excuse fails or refuses to comply with any such regulation or with any direction or requirement thereunder; (L.N. 382 of 1989) (b)-(c) (Repealed L.N. 86 of 1983) (d) without reasonable excuse fails or refuses to comply with any order published under regulation 11(1) or with any requirement thereunder; (e) without reasonable excuse fails or refuses to comply with any requirement under regulation 11(3); (f) (Repealed L.N. 178 of 1987) (g) without reasonable excuse has possession of an identity card—(i) that has ceased to be valid under regulation 3C(3), 6(4), 7, 7A(3), 13B, 14(4) or 16; or (L.N. 382 of 1989) (ii) that has been declared by a registration officer to be invalid under regulation 3D(1), 7B(1) or subregulation (3), (L.N. 382 of 1989) shall be guilty of an offence. (2) Any person guilty of an offence under subregulation (1) shall be liable to a fine at level 3 and to imprisonment for 1 year. (L.N. 301 of 1980)(2A) Any person who without reasonable excuse contravenes regulation 3B(1), 3C(1) or 5(1C), or without reasonable excuse fails or refuses to comply with any such regulation or with any direction or requirement thereunder commits an offence and is liable to a fine at level 3. (L.N. 86 of 1983; L.N. 162 of 1993) (2B) (a) Any person who without reasonable excuse applies for or obtains more than one identity card (otherwise than as the head of a family applying for or obtaining an identity card in respect of a person under 18 years of age to whom he is in loco parentis) commits an offence. (b) Any person who without reasonable excuse has possession of more than one identity card, commits an offence. (c) Any person who commits an offence under this subregulation is liable to a fine at level 5 and to imprisonment for 2 years. (L.N. 86 of 1983)(2C) Any person who in furnishing particulars required under regulation 4, or in making any statement or declaration or furnishing any particulars or evidence under regulation 9, 13 or 14, or when making a report under regulation 18, makes any statement or furnish any particulars or evidence which he knows is false in any material particular commits an offence and is liable to a fine at level 5 and to imprisonment for 2 years. (L.N. 86 of 1983)(3) Where a registration officer believes on reasonable grounds—(a) that an identity card has been obtained as the result of the commission of an offence specified in subregulation (2A), (2B) or (2C); or (L.N. 86 of 1983) (b) that a person is in possession of an identity card in respect of which an offence under subregulation (2A), (2B) or (2C) or regulation 12(1) or (2) has been committed, (L.N. 86 of 1983) he may, whether or not any person is to be prosecuted for the offence, by such means as he may determine declare the card to be invalid, order it to be surrendered to a registration officer and order the person to whom the card was issued to apply for an identity card at such place, in such manner, and within such period, as he may require. (4) Any person who fails or refuses to comply with any order under regulation 3D(1), 7B(1), 20(1) or subregulation (3) shall be guilty of an offence and liable to a fine at level 4 and to imprisonment for 2 years. (L.N. 382 of 1989) (5) Notwithstanding section 26 of the Magistrates Ordinance (Cap. 227), criminal proceedings in respect of—(a) any offence under regulation 3, 6 or 18 may be instituted at any time within 3 years from the commission of the offence; (aa) any offence under regulation 3B(1) may be instituted at any time within 5 years from the commission of the offence; and (L.N. 86 of 1983) (b) any other offence under these regulations may be instituted within 2 years from the commission of the offence. (L.N. 204 of 1979; L.N. 178 of 1987; L.N. 25 of 1996) 20. Surrender and destruction of identity card (1) Where a registration officer is satisfied that an identity card that—(a) has been declared to be invalid by the Secretary for Security under section 7C(1) of the Ordinance; or (b) has been declared to be invalid by a registration officer under any of these regulations; or (c) has ceased to be valid under any of these regulations, has not been surrendered to a registration officer (whether at the time of application for, or the renewal of, an identity card or otherwise) he may order it to be surrendered to a registration officer and order the person to whom the card was issued, unless he has already done so, to apply for an identity card or for the renewal of an identity card, as the case may be, at such place, in such manner, and within such period, as he may require. (2) It shall be lawful for a registration officer to destroy any identity card surrendered to him under regulation 19(3) or subregulation (1). (L.N. 382 of 1989) 21. Burden of proof (1) Subject to regulation 22, the burden of proving the truth of—(a) the contents of any written application for an identity card; or(b) the contents of the identity card which are particulars furnished under regulation 4(1)(b) by the applicant for the identity card,shall lie on—(c) the applicant;(d) the person to whom the identity card has been issued; or(e) any other person alleging the truth of such contents. (9 of 2003 s. 16)(2) If, in any proceedings with reference to any decision or act done or proposed to be done by a registration officer under any of these regulations, a person claims—(a) that he enjoys the right of abode in Hong Kong; or (b) that he is entitled to a permanent identity card, the onus of proving the same shall lie on that person. (L.N. 178 of 1987) 22. Permanent identity card to be evidence of right of abode in Hong Kong A valid permanent identity card shall be evidence that the person to whom the card relates enjoys the right of abode in Hong Kong. (L.N. 178 of 1987) 23. (Repealed 9 of 2003 s. 17) 24. (Repealed 9 of 2003 s. 18) 25. Exemptions None of the persons mentioned hereunder so long as he retains the status and qualifications hereinafter mentioned shall be required to register or apply for the issue of an identity card or for the renewal of an identity card under the Ordinance and these regulations— (L.N. 86 of 1983) (a) (Repealed 71 of 1999 s. 3)(b) persons—(i) serving in the Chinese People’s Liberation Army, other than those locally domiciled, in possession of the official identity card or document of identity normally issued to them, and their wives, and their sons and daughters under 18 years of age; or (2 of 2012 s. 3)(ii) employed by Her Majesty’s Government in the United Kingdom, other than those locally domiciled, their wives and their sons and daughters under 18 years of age; (G.N.A. 55 of 1961; L.N. 158 of 1973) (c) (Repealed L.N. 218 of 1983) (d) any person who—(i) is a bona fide traveller in transit through Hong Kong;(ii) satisfies a registration officer, or in respect of whom a registration officer is satisfied, that he does not intend to remain in Hong Kong for more than 180 days or such longer period as a registration officer may approve; or (L.N. 178 of 1987) (iii) has been granted permission to remain in Hong Kong by the Director of Immigration for a period of not more than 180 days, and is in possession of a valid travel document bearing the appropriate visa issued by a competent authority or of an official document of identity indicating that he normally lives outside Hong Kong; (L.N. 204 of 1979) (e) the aged, the blind and the infirm who satisfy a registration officer that compliance with the Ordinance and these regulations will injure their health or the health of others; (L.N. 158 of 1973; L.N. 178 of 1987) (f) children under 11 years of age of consuls, consular staff and the Head and members of the EC Office; (L.N. 165 of 2003) (g) children under 11 years of age: (L.N.

158 of 1973) Provided that any of the above-mentioned persons may, if they so desire and if the Commissioner allows, or if they are applicants for Hong Kong Special Administrative Region Passports or certificates of identity and have the right of abode in Hong Kong, or if they are 11 years of age or above and are the holders of permanent identity cards that were issued on applications made from outside Hong Kong, register, apply for the issue of identity cards or for the renewal of identity cards and be issued with identity cards under the Ordinance and these regulations. (55 of 1971 Sch.; L.N. 86 of 1983; L.N. 178 of 1987; L.N. 382 of 1989; 127 of 1997 s. 17; 28 of 1998 s. 2) 25A. Exclusion of certain persons from the Ordinance (1) A person to whom this regulation applies is excluded from the provisions of the Ordinance and shall not be registered nor provided with an identity card. (2) This regulation applies to—(a) all persons previously resident in Vietnam who are permitted to remain in Hong Kong as refugees pending their resettlement elsewhere; and(b) all persons who—(i) are qualified to apply for a certificate of entitlement under section 2AB of the Immigration Ordinance (Cap. 115);(ii) have not been issued with a certificate of entitlement within the meaning of the Immigration Ordinance (Cap.115); and(iii) are residing for the time being in the Mainland of China. (124 of 1997 s. 11)(3) For the purposes of subregulation (2)(b)(iii)—(a) a person who—(i) stays in Hong Kong without the authority of the Director of Immigration after landing in Hong Kong unlawfully; and(ii) was ordinarily resident in the Mainland of China immediately before such landing,shall be regarded as residing in the Mainland of China during such stay;(b) a person who—(i) has been given permission under section 11 of the Immigration Ordinance (Cap. 115) to land in Hong Kong;(ii) is subject to the conditions of stay specified in regulation 2(1) or (2) of the Immigration Regulations (Cap. 115 sub. leg. A) during his stay in Hong Kong after such landing; and(iii) was ordinarily resident in the Mainland of China immediately before such landing,shall be regarded as residing in the Mainland of China during such stay. (124 of 1997 s. 11)(L.N. 33 of 1980) 26. Fees (1) The fees in Schedule 2 are hereby prescribed for the respective documents and matters enumerated therein, and shall be payable on demand: Provided that a registration officer may, when so instructed by the Chief Secretary for Administration, waive any or all fees in respect of any applicant or class or category of applicants. (L.N. 178 of 1987; L.N. 362 of 1997) (2) (Repealed L.N. 250 of 1991) 26A. Practice and procedure on appeals to the Tribunal (1) Subject to subregulation (2), the practice and procedure on an appeal to the Tribunal under section 3D of the Ordinance shall be such as the chief adjudicator may determine. (2) Schedule 4 shall have effect for the purpose of regulating appeals to the Tribunal. (L.N. 178 of 1987) 27. Savings and transitional (1) An identity card that is valid immediately prior to the commencement* of the Registration of Persons (Amendment) Regulations 1987 (L.N. 178 of 1987) shall remain so until it ceases to be valid in accordance with the Ordinance, and the regulations, as amended by those regulations. (2) An identity card for which an application is made before the commencement of the Registration of Persons (Amendment) Regulations 1987 (L.N. 178 of 1987) may be issued as if those regulations had not been made, and—(a) may be collected by the applicant, or sent to him by the registration officer, within 70 days of their commencement; or (b) if not so collected or delivered, may be destroyed, and the applicant shall thereupon be deemed not to have applied for the identity card. (3) An identity card that is valid immediately prior to the specified date shall remain so until it ceases to be valid in accordance with the Ordinance, and the regulations, as amended by the Registration of Persons (Amendment) Ordinance 2003 (9 of 2003). (9 of 2003 s. 19)(4) An identity card for which an application is made before the specified date may be issued as if the Registration of Persons (Amendment) Ordinance 2003 (9 of 2003) had not been enacted and—(a) may be collected by the applicant, or sent to him by the registration officer, within 70 days of the specified date; or(b) if not so collected or delivered, may be destroyed, and the applicant shall thereupon be deemed not to have applied for the identity card. (9 of 2003 s. 19)(L.N. 178 of 1987) Editorial Note: * Commencement date: 1 July 1987. Schedule 1 [regs. 2(1), 4A, 5, 11A & 12(1B)](9 of 2003 s. 20)Contents of Forms of Identity Card 1. Every identity card shall include—(a) the full personal name and surname of the applicant in English or in English and Chinese;(b) the Chinese commercial code (if applicable); (c) the date of birth of the applicant; (d) a number for identification purposes; (e) the date of issue of the card; (f) a photograph of the applicant, unless the applicant is under the age of 11 years; (9 of 2003 s. 20)(g) such data, symbols, letters or numbers representing prescribed information, particulars or data within the meaning of section 7(2A)(b) of the Ordinance as the Commissioner may determine; and (9 of 2003 s. 20)(h) in the form of data stored in the chip in the identity card—(i) template of the applicant’s thumb-prints or other fingerprints taken under regulation 4(1)(a); and(ii) (where the applicant does not have a right of abode in Hong Kong) the conditions of stay (including a limit of stay) imposed in relation to him under section 11 of the Immigration Ordinance (Cap. 115). (9 of 2003 s. 20) 2. A permanent identity card shall include the following statement—“The holder of this card has the right of abode in Hong Kong 本證持有人擁有香港居留權”; and, if it is issued to an applicant in response to an application made from outside Hong Kong, shall include—(a) a reference to that fact; and (b) subject to paragraph 3(b), a statement to the effect that the card must be renewed within 30 days after the holder’s return to Hong Kong. 3. (a) A permanent identity card issued to an applicant under 11 years of age shall include a statement to the effect that the card must be renewed within 30 days after the holder’s 11th birthday. (b) A permanent identity card issued to an applicant under 11 years of age in response to an application made from outside Hong Kong shall include a statement to the effect that the card must be renewed within 30 days after the holder’s return to Hong Kong unless the applicant is then still under 11 years of age. 4. An identity card issued to an applicant who has attained 11 years of age but not 18 years of age shall include a statement to the effect that the card must be renewed within 30 days after the holder’s 18th birthday. (L.N. 178 of 1987) Schedule 2 [regs. 4B, 5, 13, 14 & 26](9 of 2003 s. 21; E.R. 6 of 2024; L.N. 138 of 2024)Fees Item Particular Fee$ 1. Identity card prepared under regulation 5(1)(a) in respect of an application under regulation 3, 3A, 3B, 6, 7A or 7B Nil 2. Identity card prepared under regulation 5(1)(b) in respect of consuls, consular staff, the Head and members of the EC Office, etc. (L.N. 165 of 2003) Nil 3. Lost or destroyed identity card replaced under regulation 13 370 4. Damaged or defaced identity card replaced under regulation 13 370 5. Identity card requiring alteration replaced under regulation 14(1)(a) 460 6. Identity card replaced by permanent identity card under regulation 14(1)(b) Nil 7. Permanent identity card issued on an application from outside Hong Kong replaced by permanent identity card under regulation 14(1)(c) Nil 8. Certificate or a certified copy furnished under section 10 of the Ordinance (9 of 2003 s. 21) 425 (L.N. 70 of 1991; L.N. 206 of 1993; L.N. 339 of 1994; L.N. 195 of 1995; L.N. 229 of 1996; L.N. 433 of 1997; L.N. 70 of 2006; L.N. 149 of 2014) Schedule 3 (Repealed L.N. 250 of 1991) Schedule 4 [reg. 26A]Appeals to Registration of Persons Tribunal 1. Copy of notice of appeal to be delivered to Commissioner of Registration On receipt of a notice of appeal from an appellant, the Tribunal shall, as soon as practicable, provide the Commissioner of Registration with a copy of such notice. 2. Appeals to be heard without delay The Tribunal shall hear and decide every appeal as expeditiously as is practicable, and for that purpose may sit at any time. 3. Appeals to be heard by 2 adjudicators (1) Subject to subparagraph (2), an appeal to the Tribunal shall be heard and determined by 2 adjudicators sitting together.(2) The Tribunal shall allow an appeal if either or both of the adjudicators hearing the appeal consider that the appeal should be allowed under section 3D(4) of the Ordinance. 4. Tribunal not confined to matters set out in notice of appeal The Tribunal may consider any matter and evidence which appears to the Tribunal to be relevant to the ground of appeal permitted by the Ordinance notwithstanding the omission of any reference to such matter in the notice of appeal, and may receive and consider any evidence which appears to it to be relevant to the issues before it notwithstanding that the evidence would not be admissible in a court of law. 5. Respondent The Commissioner of Registration shall be the respondent to an appeal and may be represented by a registration officer, counsel or a solicitor. 6. Representation of appellant An appellant may be represented by counsel, a solicitor or such other representative authorized by the appellant as may be approved by the Tribunal. 7. Respondent to prepare facts of case for Tribunal The respondent shall, as soon as practicable after a notice of appeal is provided to him under paragraph 1—(a) prepare a written summary of the facts of the case and setting out—(i) the reasons for the refusal of a registration officer to issue a permanent identity card to the appellant; or (ii) the reasons for the registration officer to declare a permanent identity card issued to the appellant to be invalid; and (b) deliver copies of that written summary by post or otherwise to the appellant at his last known address and to the Tribunal. 8. Notice of hearing The Tribunal shall inform the respondent and the appellant by notice in writing the time and place of the hearing. 9. Witnesses and evidence (1) The Tribunal may, on the application of an appellant or of the respondent, or on its own motion, by summons require any person to attend as a witness at the hearing of an appeal at such time and place as may be specified in the summons, and at the hearing to answer any questions, to give evidence or produce any documents in that person’s possession, custody or power which may relate to any issue in the appeal. (2) (a) Notwithstanding subparagraph (1), no person shall be compelled to give any evidence or produce any document which he could not be compelled to give or produce in proceedings in a court of law. (b) Nothing in this subparagraph shall entitle any person to refuse to give any evidence or to produce any document on the ground only that such evidence or document would not be admissible in a court of law and that accordingly he could not be compelled to give or produce it. (3) The Tribunal may require any witness to give evidence on oath or affirmation. (4) For the purpose of this paragraph, the Tribunal and any adjudicator shall have the same powers in relation to witnesses as a magistrate has under sections 21 and 22 of the Magistrates Ordinance (Cap. 227) in proceedings under Part II of that Ordinance, and a summons to a witness shall be in such form as the chief adjudicator may determine. (5) (a) The Tribunal may allow in respect of a witness who attends at the hearing of an appeal to give evidence (including professional or expert evidence) a professional witness allowance, expert witness allowance or loss allowance, as the case may be, not exceeding the professional witness allowance, expert witness allowance or loss allowance that a magistrate may allow under the Criminal Procedure (Witnesses’ Allowances) Rules (Cap. 221 sub. leg. B) in respect of a witness who attends to give evidence in criminal proceedings. (b) Any sum allowed under subparagraph (a) shall cease to be payable unless claimed within 3 months from the date on which it was allowed. 10. Transfer of hearing to other adjudicators (1) Where an appeal has not been determined by the adjudicators hearing it by reason of the illness, or the absence from Hong Kong, of one or both of those adjudicators or for some other cause, the chief adjudicator shall make arrangements, if he is of the opinion that it is not practicable for the appeal to be determined by those adjudicators, or determined without undue delay by those adjudicators, for the appeal to be dealt with by one of those adjudicators and another adjudicator or 2 other adjudicators; and the appeal may be dealt with accordingly. (2) Where the adjudicators hearing an appeal consider that the appeal should, for any reason, be dealt with by one of them and another adjudicator, or by 2 other adjudicators, they may make arrangements for the appeal to be so dealt with; and the appeal may be dealt with accordingly. 11. Hearings in absence of appellant The Tribunal may hear an appeal in the absence of the appellant—(a) if the appellant refuses or declines to appear when given the opportunity to do so; or (b) if the Tribunal is satisfied that by reason of illness or injury the appellant cannot attend the hearing; or (c) if the Tribunal is satisfied that the appellant lives outside Hong Kong and is unable to attend the hearing; or (d) if the appellant is represented by counsel, a solicitor or such other representative authorized by the appellant as may be approved by the Tribunal,and that in the opinion of the Tribunal it would be proper in all the circumstances to proceed in the absence of the appellant. 12. Record of proceedings The Tribunal shall keep a summary or record of proceedings in every appeal which comes before it in such form as the chief adjudicator may determine. (L.N. 178 of 1987) Schedule 5 [regs. 4A & 12(1B)]Purposes, Information, Particulars and Data Referred to in Regulation 4A Column 1 Column 2 Purposes Information,Particulars and Data 1. Storage of a certificate defined in section 2(1) of the Electronic Transactions Ordinance (Cap. 553) issued by the Postmaster General and recognized under section 22 of that Ordinance A certificate defined in section 2(1) of the Electronic Transactions Ordinance (Cap. 553) issued by the Postmaster General and recognized under section 22 of that Ordinance (Schedule 5 added 9 of 2003 s. 22. E.R. 6 of 2024)