### Immigration Service Ordinance 《入境事務隊條例》

8. Disciplinary offences by certain members of Service
(1) Any assistant immigration officer and any member of the Service having a rank lower than that of assistant immigration officer who is found guilty by an assistant director of immigration of any of the following, namely—
(a) absence from duty without leave or good cause;
(b) sleeping on duty;
(c) conduct to the prejudice of good order and discipline;
(d) disobedience of orders;
(e) insubordination;
(f) neglect of duty or orders;
(g) being unfit for duty by reason of intoxication;
(h) in the course of duty, making a statement which is false in a material particular;
(i) unlawful or unnecessary exercise of authority resulting in loss or injury to any person or to the Government;
(j) wilfully or negligently damaging or destroying or negligently losing any Government property;
(k) conduct calculated to bring the public service into disrepute,
shall be liable to be punished by such assistant director of immigration with any one or more of the following punishments—
(i) reduction in rank;
(ii) caution, warning, reprimand or severe reprimand;
(iii) forfeiture of not more than 1 week’s pay, save that, in the case of absence without leave or good cause for more than 1 week, pay may be forfeited for a period of not more than the period of such absence from duty;
(iv) performance of extra duties for a period not exceeding 12 hours nor exceeding 6 hours in any week;
(v) stoppage of increment for a period not exceeding 12 months.
(2) Any member of the Service aggrieved by any finding of or punishment imposed by an assistant director of immigration under the provisions of subsection (1) may, within 14 days from the date thereof, appeal to the Director.
(3) Upon any such appeal, the Director may confirm, reverse or vary such finding or punishment:
Provided that he shall not impose any punishment other than a punishment which an assistant director of immigration is authorized to impose under the provisions of subsection (1).
(4) In the event of any such appeal, the punishment against the imposition of which, or imposed on the finding against which, the appeal is made shall be suspended pending the determination of the appeal.

### Immigration Service Ordinance 《入境事務隊條例》

9. Power of Director to make standing orders
(1) The Director may make orders, which shall be known as Service standing orders, prescribing or providing for—
(a) the control, direction and information of the Service;
(b) discipline;
(c) training;
(d) classifications and promotions;
(e) inspections, drills, exercises and parades;
(f) welfare;
(g) departmental finance;
(h) services to be performed by members of the Service;
(i) the manner and form of reports, correspondence and other records;
(j) the performance of any act which may be necessary for the proper carrying out of the duties of the Service;
(k) such other matters as may, in his opinion, be necessary or expedient for preventing abuse or neglect of duty and for rendering the Service efficient in the discharge of its duties.
(2) No Service standing order shall be inconsistent with any of the provision of this Ordinance.

10. Members of Service on duty
For the purposes of this Ordinance, every member of the Service shall be deemed to be always on duty when required to act as such and shall perform the duties imposed upon, and exercise the powers granted to, him under this Ordinance or any other law at any and every place in Hong Kong where he may be doing duty.
(Amended 76 of 1999 s. 3)

11. Duty of member to deliver up uniform, etc. on leaving Service
Every member of the Service who leaves the Service, whether in consequence of his resignation or dismissal or otherwise, shall on leaving the same deliver up his uniform and warrant card and any other Government property which may be in his possession.

### Immigration Service Ordinance 《入境事務隊條例》

13. Power to enter and search for suspects
(1) If a member of the Service has reason to believe that—
(a) a person whom he intends to arrest under section 12 has entered or is in any place; and
(b) in order to effect the arrest it is necessary to enter and search the place,
he may request any person residing in or in charge of the place to allow him, together with any person acting in his aid at the request of a member of the Service, to enter the place, and to afford all reasonable facilities for conducting a search of the place.
(2) A person residing in or in charge of a place referred to in subsection (1) shall, upon request by that member, allow the member, together with any person acting in his aid at the request of a member of the Service, to enter the place, and afford all reasonable facilities for conducting a search of the place.
(3) If—
(a) paragraphs (a) and (b) of subsection (1) apply;
(b) entry to the place cannot be effected under subsection (1); and
(c) the offence for which the member intends to effect the arrest is an arrestable offence,
the member, together with any person acting in his aid at the request of a member of the Service, may, without warrant, enter the place and search for the suspect.
(4) Before entering any place under this section, a member of the Service shall, if so required, first state the purposes for which he seeks such entry and produce for inspection his warrant card.
(Replaced 53 of 1996 s. 4)

### Immigration Service Ordinance 《入境事務隊條例》

13B. Arrest of persons granted bail
(1) A member of the Service authorized in that behalf in writing by the Director may, without warrant, arrest any person who has been released on bail under section 13A(2)(b), or has otherwise been admitted to bail following his arrest by a member of the Service or following his appearance before a magistrate on a summons in respect of an offence referred to in section 12(1)—
(a) if the member has reasonable grounds for believing that any of the conditions on or subject to which the person was so released on bail or otherwise admitted to bail has been or is likely to be broken; or
(b) on being notified in writing by any surety for the person that the surety believes that that person is likely to break the condition that he will appear at the time and place thereunder required and for that reason the surety wishes to be relieved of his obligation as surety.
(2) A person who is arrested under subsection (1) shall be brought before a magistrate within the period of 24 hours immediately following his arrest or, if he is not so brought within that period, as soon as practicable after its expiry, but where he was so arrested within the period of 24 hours immediately preceding the time at which he is required, by virtue of a condition of his release on bail under section 13A(2) or of other bail granted to him, to appear before a court, he shall instead be brought before that court.
(3) If it appears to the magistrate or court before whom or which a person is brought under subsection (2) that any of the conditions on or subject to which the person was released on bail or otherwise admitted to bail has been or is likely to be broken, the magistrate or court concerned may—
(a) remand the person in custody; or
(b) admit the person to bail on the same conditions or on such other conditions as he or it thinks fit,
but if the magistrate or court concerned is not satisfied that any of the conditions has been or is likely to be broken, the magistrate or court concerned shall admit the person to bail on the same conditions.
(4) Nothing in this section shall derogate from or otherwise affect the powers of arrest conferred by section 9K of the Criminal Procedure Ordinance (Cap. 221).
(Added 53 of 1996 s. 4)