Thoughtful doubts of Illegal Immigration offence


A client, a relative of whom was arrested upon illegal entry into Hong Kong, recently inquired whether there is a "deportation upon arrest" policy. We suggest the client to check with the prosecuting authorities for any changes to the relevant policy. If there has been no change, the current policy governing the prosecution of illegal immigrants is as follows:


"Since November 1990 the categories of illegal iminigrants who are prosecuted for remaining in Hong Kong without the authority of the Director, having landed unlawfully, under section 38(1) of the Immigration Ordinance, Cap. 115 are:

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