Detention of persons on board ships or aircraft.
Detention
of person arrested under s. 50(3).
General provisions as to detained persons.
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28. (1) The captain of a ship or aircraft shall, if so required by an immigration officer or police officer, take such steps as may be necessary for preventing—
(a) a person who arrived in the ship or aircraft and has been refused permission to land in Hong Kong; or
(b) a person placed on board the ship or aircraft under
section 20(2) or section 21(3),
from landing from the ship or aircraft before it leaves Hong Kong. (2) For the purpose of preventing any such person from landing from the ship or aircraft, the captain of the ship or aircraft may detain that person in custody on board the ship or aircraft.
29. A person who is arrested under section 50(3) may be detained for the purpose of inquiries for not more than forty-eight hours and may be detained until the Governor in Council has decided whether or not to rescind the suspension of the deporta- tion order made against that person if an application for its rescission is made within seven days after the arrest of such
person.
30. (1) Save as otherwise provided in this Ordinance, persons required or authorized to be detained by or under this Ordinance may be detained in such places as the Governor may by order direct; and the Governor may by order provide for the treatment of persons so detained.
(2) The Governor may direct that—
(a) a person required or authorized to be detained by or
under this Ordinance; or
(b) persons of such class or description as he may specify, being persons required or authorized to be detained by or under this Ordinance,
may be detained in such other place as he may specify, and—
(i) a person in respect of whom such a direction has been
given; or
(ii) a person of any class or description in respect of which
such a direction has been given,
may be detained in such place.
(3) Without prejudice to any other Ordinance-
(a) any person detained by virtue of this Ordinance; and (b) any person who, being detained in pursuance of the sentence or order of a court, would otherwise be liable to be detained by virtue of this Ordinance,
may be taken in the custody of an immigration officer or police officer to and from any place where his attendance is required for any purpose of this Ordinance.
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(4) Any person required or authorized to be detained by or under this Ordinance may be arrested without warrant by an immigration officer or police officer; and any person who is
(a) detained by virtue of this Ordinance;
(b) being removed from one place in which he is detained by virtue of this Ordinance to another place in which he may be so detained; or
(c) being taken to any place in the custody of an immigra- tion officer or police officer in accordance with this Ordinance,
shall be deemed to be in lawful custody.
31. (1) An immigration officer and any police officer may require a person-
(a) who is detained under section 23, 24, 27 or 29; or (b) who, being liable to be detained under any of those
sections, is not for the time being so detained,
to enter into a recognizance in the prescribed form in such amount and with such sureties as the Director or such police officer may specify; and where a person who is so detained enters into such a recognizance he may be released.
(2) A person may be detained under section 23, 24, 27 or 29 notwithstanding that he has entered into a recognizance pursuant to a requirement under subsection (1); and where such person is so detained otherwise than in consequence of or following a breach of the recognizance, the recognizance shall thereupon cease to have effect.
32. If a person who is detained under section 27(1) pending his removal from Hong Kong under section 16 arrived in Hong Kong in a ship or aircraft, the Director of Immigration may require the owner of the ship or aircraft or his agent to pay to the Government the expense incurred by it in maintaining that person during his detention.
PART VIII.
OFFENCES AND FORFEITURE.
33. (1) Subject to this Ordinance, an immigrant who- (a) lands in Hong Kong without the permission of an im-
migration officer; or
(b) having landed in Hong Kong unlawfully, remains in Hong Kong without the authority of the Director,
Recognizance
as alternative to detention.
Recovery of
cost of main- taining person detained under s. 27(1).
Prohibition of landing and remaining without permission, and penalty for carrying illegal immigrant.