304198

110614565.3

CAP. 240]

[s. 8 cont.]

Deportation of Aliens.

previous convictions in Form 10 or 11 of the First Schedule as the case may be.

Forms 10, 11.

(5) A certificate in the form prescribed by subsection (4) purporting to be signed by the Registrar of the Supreme Court or a magistrate as the case may be shall unless it be shown that it was not signed by such Registrar or magistrate be sufficient evidence for the purposes of this section of the facts therein stated.

(6) A certificate of sentence purporting to be signed by the Registrar of the Supreme Court and a warrant of commitment purporting to be signed by the magistrate shall unless it be shown that it was not signed by such Registrar or magistrate be sufficient evidence for the purposes of this section of the facts therein stated.

(7) Whenever the competent authority is satisfied that he would be required by this section to order the deportation of any person if such person is an alien he shall notify such person by the notification in Form 12 in the First Schedule that the competent authority is proposing to order his deportation as an alien convict, to whom this section applies.

Form 12.

(8) A person who has received notification under subsection (7) may within fourteen days from the receipt of such notification claim that he is not an alien or petition the Governor to exercise the power conferred by subsection (10) by completing the appropriate portions of Form 12 and delivering such form to the superintendent of the prison where he is in custody.

(9) If the person receiving such notification as aforesaid duly claims that he is not an alien then, after investigation of such claim, opinions on the validity of such claim shall be given by the Attorney General and the Secretary for Chinese Affairs and the claim together with such opinions shall be referred to the Governor unless the Attorney General and the Secretary for Chinese Affairs are both of opinion that such claim is valid in which event the Attorney General shall direct the competent authority that no deportation order should be made. Whenever such claim has been referred to the Governor under this subsection the Governor shall decide whether to accept or reject such claim and shall cause the competent authority to be notified of his decision. It shall be lawful for the competent

434

Share This Page