Breach of Deportation Order | Hong Kong Criminal Law Firm

OVERVIEW

Breach of Deportation Order is governed principally by Immigration Ordinance (Cap. 115), including sections 20 and 43. The precise charge, particulars and statutory definitions determine what must be proved.

The prosecution bears the burden of proving every essential element beyond a reasonable doubt.

STATUTORY PROVISIONS

Immigration Ordinance (Cap. 115), including sections 20 and 43

The relevant part of the current statutory provision states:

Section 43(1)(a)

Subject to subsection (2), if any person in respect of whom a deportation order is in force is in Hong Kong in contravention of the order, he shall be guilty of an offence.

RELATED OFFENCE

Remaining in Hong Kong without the authority of the Director of Immigration

Remaining in Hong Kong without the authority of the Director of Immigration may constitute an offence contrary to section 38(1)(b) or section 38AA of the Immigration Ordinance (Cap. 115).

Most people enter Hong Kong lawfully. However, some people enter without lawful authority. These provisions may apply where, for example, a person enters Hong Kong in breach of a deportation order or removal order and remains here.

Maximum Penalty

On conviction upon indictment: Under section 43(1)(i) of the Immigration Ordinance (Cap. 115), up to 7 years' imprisonment.
On summary conviction: Under section 43(1)(ii) of the Immigration Ordinance (Cap. 115), up to 3 years' imprisonment.

HOW MCS CAN ASSIST

Advice and representation

MCS can assess the charge, the statutory elements and the prosecution evidence; advise on interview, plea, trial and sentence; and identify any defence or evidential issue available on the facts.