LCQ12: Immigration matters for vehicles and members of PLA Hong Kong Garrison
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Question:
Under the existing requirement, any person driving a vehicle across the boundary via various road-based land crossings must first obtain a Closed Road Permit (Permit) issued in respect of that vehicle by the Transport Department. In addition, subsection (1)(a) of section 4 of the Immigration Ordinance (Cap. 115) stipulates that an immigration officer or an immigration assistant (IO/IA) may examine any person entering or departing from Hong Kong, and a person who is so examined may be required by an IO/IA to submit to further examination; subsection (2) stipulates that any person who satisfies an IO/IA that he is a serviceman (i.e. a serving member of the Chinese People's Liberation Army who is not being locally engaged under section 2(1)) shall not be examined further under subsection (1)(a) on his arrival in or prior to his departure from Hong Kong. Regarding the arrangements for the vehicles of the Chinese People's Liberation Army Hong Kong Garrison (the Garrison) crossing the boundary, will the Government inform this Council:
(1) whether the aforesaid requirement for the Permit is applicable to vehicles of the Garrison crossing the boundary; and
(2) whether IOs/IAs currently check the identity of the persons carried on board the vehicles of the Garrison when such vehicles cross the boundary; if not, of the reasons for that; if so, the relevant procedure, and whether IOs/IAs will take actions in respect of those persons on board such vehicles who are not servicemen; if so, of the legislation or rules based on which they will do so; if not, the reasons for that?
Reply:
President,
A consolidated reply of the Security Bureau to various parts of the question is as follows:
The People's Liberation Army Hong Kong Garrison (Hong Kong Garrison) has been performing defence functions and responsibilities in Hong Kong in strict accordance with the Basic Law and the Law of the People's Republic of China on the Garrisoning of the Hong Kong Special Administrative Region (Garrison Law). According to Article 7 of the Garrison Law, no weapon and equipment, and no material of the Hong Kong Garrison, and no member or vehicle of the Garrison that bears a certificate or a document of certification issued by the Hong Kong Garrison showing that the bearer is on official duty, shall be inspected, searched, seized or detained by any law-enforcing officer of the Hong Kong Special Administrative Region. The Hong Kong Garrison and its members shall also enjoy other rights and immunities prescribed by the laws in force in the Hong Kong Special Administrative Region.
According to Regulation 3 of the Road Traffic (Registration and Licensing of Vehicles) Regulations (Cap. 374E), the provision related to closed road permit as set out in the Regulation does not apply to vehicles used by the Hong Kong Garrison.
According to sections 4(1)(a) and 5 of the Immigration Ordinance (Cap. 115), officers from the Immigration Department may examine any person on his arrival or landing in or prior to his departure from Hong Kong, and / or may require that person to furnish other documents and information as may be required for this purpose. Section 4(2) of the Immigration Ordinance stipulates that a person who satisfies an immigration officer or immigration assistant that he is a serviceman shall not be examined further under subsection (1)(a) on his arrival in or prior to his departure from Hong Kong. Officers from the Immigration Department handle the immigration matters for servicemen in accordance with the Immigration Ordinance.
Ends/Wednesday, March 22, 2017
Issued at HKT 15:40
Issued at HKT 15:40
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