C298

IMMIGRATION BILL

Detention of deportee for inquiries.

Detention pending removal or deportation.

26. (1) If—

(a)

a person who is in Hong Kong in contravention of a deportation order in force in respect of him is to be removed from Hong Kong under section 21; and (b) it appears to the Governor-

(i) that the continued presence of such person in Hong Kong is necessary for the time being in connexion with inquiries being carried on into activities, whether of that person or another person, which are prejudicial to the security of Hong Kong; and

(ii) that such person may abscond if he is not detained,

the Governor may issue a warrant in the prescribed form authoriz- ing the detention of such person for a period of fourteen days.

(2) If it appears to the Governor that a person detained under a warrant issued under subsection (1) or this subsection should be further detained for such purpose, he may from time to time issue further warrants in the prescribed form authorizing the detention of such person for periods of seven days.

(3) The Governor may at any time direct that a person detained under a warrant issued under subsection (1) or subsection (2) be no longer detained thereunder.

27. (1) A person who is to be removed from Hong Kong under section 16 may-

(a) be detained under the authority of an immigration

officer until he is so removed; and

(b) if he is on board a ship or aircraft, be removed there- from under the like authority for detention under this subsection.

(2) A person may be detained under the authority of the Colonial Secretary-

(a) for not more than fourteen days pending the making of an application for a removal order in respect of that person; and

(b) pending the decision of the Governor as to whether or not a removal order should be made in respect of that

person.

(3) A person in respect of whom a removal order or a deportation order is in force may be detained under the authority of the Colonial Secretary pending his removal from Hong Kong under section 21.

:

Share This Page