Page:Chinese Nationality (Miscellaneous Provisions) Ordinance (Cap. 540).pdf/2

“nationality application” (國籍申請) means an application made under or pursuant to or for the purposes of any of the provisions of the Nationality Law, as implemented in the Hong Kong Special Administrative Region in accordance with the Explanations;

“Nationality Law” (《國籍法》) means the Nationality Law of the People’s Republic of China, as applied in the Hong Kong Special Administrative Region under the Promulgation of National Laws 1997 (L.N. 379 of 1997).

(2) In the Schedule, a reference to an Article is a reference to an Article contained in the Nationality Law.

3. Nationality applications

(1) Subject to subsection (2), a nationality application may be made to the Immigration Department by giving to the Director a notice in writing in such form and containing such particulars as he may specify either generally or in any particular case.

(2) No nationality application made under subsection (1) shall be processed unless—

(a) in the case of an application specified in column 2 of the Schedule, the fee or the applicable fee or fees, as the case may be, specified opposite thereto in column 3 of the Schedule have been paid to the Government; and

(b) the requirements (if any) prescribed under section 6 in respect of the application have been complied with.

4. Offences

Any person who in connection with any nationality application—

(a) furnishes any information which he knows to be false or misleading, or does not believe to be true, in a material particular; or

(b) produces any deed, instrument or record which he knows to be false or misleading, or does not believe to be true, in a material particular,

commits an offence and is liable on conviction to a fine at level 5 and to imprisonment for 6 months.

5. Decisions in exercise of discretion

(1) Subject to subsection (2), where in connection with any nationality application any discretion may be exercised under or pursuant to any of the provisions of the Nationality Law, as implemented in the Hong Kong Special Administrative Region in accordance with the Explanations—