Deportation of Aliens.
[CAP. 240
authority to give effect without further inquiry to the [s. 8 cont.] direction of the Attorney General or the decision of the Governor.
(18) If the person receiving such notification petitions the Governor to exercise his powers under this subsection, such petition shall be forwarded to the Governor with the observations of the Attorney General and the Secretary for Chinese Affairs, and the Governor may, if he considers that in all the circumstances of the case the alien should be permitted to remain in the Colony, direct that no deportation order shall be made under this section against such alien.
(11) If the person receiving such notification neither claims that he is not an alien nor petitions the Governor under subsection (0), or if every such claim or petition as may be lodged within due time is rejected, then the competent authority shall proceed to make an order of deportation in Form 13 in the First Schedule. Such order, if made during the subsistence of any term of imprisonment imposed on the person to whom it relates which has not been remitted, shall take effect as on the day when such person is due to be released from such imprisonment, and subject as aforesaid shall authorize deportation as from the day upon which it is made.
(12) If a prisoner becomes due to be released from custody by reason of the expiration of any lawful sentence of imprisonment at a time when a claim not to be an alien or a petition to the Governor lodged under this section is still undetermined, the Commissioner of Prisons shall notify the Governor accordingly and shall detain such person in his custody until directed by the Governor to release him therefrom, or, in the event of an order for the deportation of such person being made, until he is removed therefrom by or by the direction of the Commissioner of Police in pursuance of such order.
(13) The notification provided for by subsection (7) shall not be given until the time for any material appeal or review has expired, and, if any material appeal or review has in the meanwhile become pending, such notification shall not be given until the determination of any such appeal or review. A notification given in contravention of this provision shall be a nullity but shall not prejudice the giving
Form 13.
435