1967 Ed.] Emergency (Deportation and Detention)
Regulations.
-
[CAP. 241
6. (1) Notwithstanding anything contained in the Deportation of Aliens Ordinance, the case of a person who has been arrested on a warrant issued under subsection (1) of section 4 of that Ordinance, other than a person whose case is certified by the Governor, at the time of the issue of the warrant, as being unsuitable to be dealt with under these regulations, shall be referred by the Commissioner of Police to a Tribunal upon the completion of police inquiries.
(2) Where a deportation order that was issued before the commencement of these regulations is in force after their commencement and the Commissioner of Police is of opinion that it would be contrary to the public interest that the person against whom the deportation order is in force, not being a person in relation to whom a detention order made under these regulations or the Emergency (Detention Orders) Regulations 1956 is in force, should be at large in the Colony if his deportation is impracticable, he shall, unless the case is certified by the Governor as being unsuitable to be dealt with under these regulations, refer the case to a Tribunal upon the completion of police inquiries.
7. Where the person arrested and detained under a warrant issued under subsection (1) of section 4 of the Deportation of Aliens Ordinance is a person whose case falls to be dealt with under these regulations, the powers conferred upon the Governor by subsection (2) of section 5 of that Ordinance (which subsection relates to warrants for further detention) are hereby transferred to the President of a Tribunal and shall not, in relation to such person, be exercised by the Governor; and a warrant issued by the President of a Tribunal under the powers conferred by this regulation may be in the prescribed form with such variation as the case may require.
H3
[Subsidiary] Commissioner
of Police to refer certain cases to Tribunal.
(Cap. 240.)
(G.N.A. 104/56.)
Warrants for further detention.
(Cap. 240.)
8. (1) The President of a Tribunal or the Commissioner of Police or any police officer authorized in writing by the Commissioner of Police to act on his behalf for the purposes of this regulation may, at any time, admit to bail any person in custody whose case falls to be dealt with under these regulations by virtue of paragraph (1) of regulation 6, upon his entering into a recognizance, with or without sureties, to appear and surrender himself at such time and place as may be named in the recognizance.
(2) Every recognizance taken before the President of a Tribunal or the Commissioner of Police or before an officer authorized by him to act on his behalf shall be subject to proceedings for the estreating thereof as if it had been taken before a magistrate.
(3) The recognizance of bail may be in Form 5 in the First Schedule to the Deportation of Aliens Ordinance with such variation as the case may require.
(Cap. 240.)