Penalty for not replacing Hong Kong identity card on time in 2026
Missing the deadline to replace a Hong Kong identity card carries one of two penalties, and which one applies depends on what you actually failed to do. Failing to apply within a specified call-up period without reasonable excuse is an offence under section 7B(3) of the Registration of Persons Ordinance, liable to a fine of HK$5,000 if prosecuted. Failing to comply with a replacement order issued after you surrender an invalid card is an offence under regulation 19(4) of the Registration of Persons Regulations, liable to a fine of HK$25,000 and imprisonment for 2 years. Both figures are set out on the Immigration Department's "Identity Cards" frequently asked questions page.
That distinction now matters more than the original deadlines. Old-form smart identity cards issued before 26 November 2018 were invalidated in two phases: cards held by people born in or after 1970 became invalid on 12 May 2025, and cards held by people born in 1969 or before became invalid on 12 October 2025. For a foreign national resident in Hong Kong who is still holding an old card in 2026, the practical route to a penalty is usually the second one — presenting an invalid card and then not following the order that follows.
What are the two penalty tiers for late replacement?
| Situation | Legal basis | Penalty |
|---|---|---|
| Failing to apply for a new card within the specified call-up period without reasonable excuse | Section 7B(3), Registration of Persons Ordinance | Fine of HK$5,000 if prosecuted |
| Failing to comply with an order to replace the card within a specified period | Regulation 19(4), Registration of Persons Regulations | Fine of HK$25,000 and imprisonment for 2 years |
The two tiers are not cumulative alternatives you choose between. The first attaches to the call-up schedule published under the Territory-wide Identity Card Replacement Exercise; the second attaches to a specific order given to a named person after an invalid card is surrendered.
Does the HK$5,000 fine apply automatically if I miss the call-up period?
No. Three conditions have to line up. You must have been within a specified call-up period, you must have failed to apply within it, and you must have no reasonable excuse. The fine is also a penalty on prosecution, not an automatic charge raised by the system.
In practice, most people who missed a call-up period now encounter the rule at a counter rather than through a summons. If you submit any application to the Immigration Department with an invalid card, the card has to be surrendered and you will be ordered to apply for a new one within a specified period.
When does the HK$25,000 fine and 2 years' imprisonment apply?
It applies when you have been ordered to replace the card and you do not do so within the period stated in that order. The order arises in two common situations: when an invalid card is presented for arrival clearance at immigration, and when an invalid card is surrendered with an application to the Immigration Department.
At arrival clearance, the invalid card is not accepted and has to be surrendered. The holder is then issued a replacement notice setting a specified period. Holders of a replacement notice must apply at any Registration of Persons Office within that period, and no prior appointment is required — though the department warns that waiting time at the office may be quite long.
What counts as a reasonable excuse, and how do you declare it?
The department names sickness, the pandemic situation and absence from Hong Kong as examples of reasonable excuse for missing a call-up period. The declaration is made at the point of registration: you are required to declare the reason when you register, and the application is then considered according to your situation.
Supporting documents matter in the case the FAQ describes. The FAQ states this documentary requirement for a person still holding a non-smart identity card: you may need to produce supporting documents for the reason of the late application, and if you are not a permanent resident you should also produce your travel document showing your condition of stay in Hong Kong. For that declared reason, suppose an applicant was hospitalised abroad during the whole call-up period — that is a hypothetical case, not a decided one — the record of treatment dates is the kind of document that turns a bare claim into a declared, evidenced reason.
This is general information about published rules rather than advice on any individual case, and the department assesses each declared reason on its own facts; for your own position, rely on the latest official information or on a professional adviser.
I was outside Hong Kong — how long do I have after I return?
You must apply within 30 days of returning to Hong Kong. The department restates this rule for anyone who could not replace a card because of being absent from Hong Kong, and it applies to residents holding an old-form card who are currently outside the city.
Two practical points follow. Booking opens 96 working days ahead on the appointment booking system, so a slot can be booked before travel. And the application itself must be made in person, although you can authorise another person to collect the new card on your behalf.
Can I still travel while holding an invalid card?
Not on the card. An invalid identity card will not be accepted for immigration clearance in either direction; you need a valid travel document, such as a passport, for entry to and exit from Hong Kong. If you present the invalid card at arrival, it is surrendered and you are ordered to replace it.
The same applies to other applications. If you file an application with an invalid card, the card has to be surrendered and a replacement ordered, and you can only continue with the other application if the law does not require you to hold a valid identity card for it — an HKSAR passport application, for example, requires a valid Hong Kong permanent identity card at both application and collection.
Where do I replace the card now that the exercise has closed?
At a Registration of Persons Office, by appointment. The Territory-wide Identity Card Replacement Exercise has ended and all Smart Identity Card Replacement Centres closed with effect from 4 March 2023. The Registration of Persons – Kwun Tong (Temporary) Office also ceased operation on 26 October 2025, with services moving to the other six offices.
Self-service kiosks are not an option for this case. Personal Documentation Submission Kiosks at the Immigration Headquarters in Tseung Kwan O require a valid locally issued smart identity card, and invalid identity cards cannot be used to submit applications there. On cost, no fee is charged for a new identity card applied for under the replacement exercise; fees are payable for replacement due to loss, damage, destruction, defacement or alteration of personal particulars, and a card replaced after an approved amendment of registered particulars carries a fee of HK$460.
Frequently Asked Questions
Is there still a fine in 2026 for not replacing a Hong Kong identity card on time?
Yes, two different ones. Missing a specified call-up period without reasonable excuse is liable to a fine of HK$5,000 if prosecuted, under section 7B(3) of the Registration of Persons Ordinance. Ignoring an order to replace the card within a specified period is liable to a fine of HK$25,000 and imprisonment for 2 years, under regulation 19(4) of the Registration of Persons Regulations.
Can I actually go to jail over an identity card?
Only under the second tier. The HK$5,000 offence carries a fine alone; the two-year imprisonment term is attached to the offence of failing to comply with a replacement order. Both are criminal penalties recorded in the department's published guidance, not administrative late fees.
Is being overseas a valid excuse?
Absence from Hong Kong is listed as an example of reasonable excuse for missing a call-up period. The condition attached is that you apply within 30 days of returning to Hong Kong. You declare the reason when you register, and the department considers the application according to your situation.
How do I declare illness or the pandemic as my reason?
You make a declaration on the reason at the time of registration. Bringing supporting documents for the reason for the late application is part of that process, since each application is assessed on its own facts. Sickness and the pandemic situation are both given as examples of reasonable excuse.
Do I need an appointment if I was issued a replacement notice?
No prior appointment is required. Holders of a replacement notice apply at any Registration of Persons Office within the specified period stated on the notice. Allow generous time, because the department notes that waiting time at the office may be quite long.
Will my permanent resident status be affected if my card was invalidated while I was away?
For permanent residents of Chinese nationality, no — status is not lost because an old card was invalidated and replacement was delayed. Permanent residents not of Chinese nationality should note that a continuous absence of not less than 36 months since they ceased to ordinarily reside in Hong Kong may affect the right of abode, in which case they automatically acquire the right to land and can still enter Hong Kong freely to live, study or work.