18
19
Power to detain for inquiry.
Detention pending examination
and decision as to landing.
Detention pending
determination of objection.
Detention for inquiry as
to deportation.
PART VII.
DETENTION.
22. Without prejudice to any other provision of this Ordin- ance, where any member of the Immigration Service of the rank of chief immigration inspector or above or any police officer of the rank of assistant superintendent or above is satisfied-
(a) that inquiry for the purposes of this Ordinance, other than the provisions thereof relating to deportation, is necessary in the case of any person; and
(b) that such person may abscond if he is not detained,
such person may be detained for not more than seven days.
23. A person who may be examined under section 3(1)(a) or is required to submit to further examination under section 3(1) may be detained under the authority of an immigration officer pending the examination and may also be detained pending a decision to give or refuse him permission to land.
24. A person who has lodged an objection under section 49(1) may be detained under the authority of the Director pend- ing the determination of the objection.
25. (1) If it appears to the Governor-
(a) that there are reasonable grounds for inquiry as to whether a person ought to be deported under section 18; and
(b) that such person should be detained for the purposes
of or during such inquiry,
he may issue a warrant in the prescribed form authorizing the detention of such person for a period of fourteen days.
(2) If it appears to the Governor that it is desirable that a person detained under a detention warrant should be further detained for such purposes, 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) Any police officer may arrest a person in respect of whom
a detention warrant is in force.
(4) The Governor may at any time direct that a person detained under a detention warrant be released.
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.
Detention of deportee for inquiries.
Detention pending removal or deportation.