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CAP. 115]

Immigration

[1989 Ed.

the recommendation shall not be called in question except on an appeal against the recommendation or the finding of guilty on which it was made.

(6) A deportation order shall not be made on the recommendation of a court so long as an appeal or further appeal is pending against the recommendation or against the finding of guilty on which it was made; and for this purpose an appeal or further appeal shall be treated as pending (where one is competent but has not been brought) until the expiry of the time for bringing that appeal.

(7) A person shall be treated as an adult for the purposes of this section if he is of or over the age of 16 years.

22. Appointment of Deportation Tribunal

(1) Where it is proposed that-

(a) a removal order should be made under section 19(1)(a) against an immigrant who is a British citizen or a United Kingdom belonger; or (Amended 62 of 1980 s. 5; 78 of 1982 s. 8; 31 of 1987 s. 19)

(b) a deportation order should be made against a British citizen or a United Kingdom belonger, (Replaced 31 of 1987 s. 19)

and the Governor has not certified that the departure from Hong Kong of such person is necessary in the interest of the security of Hong Kong or for political reasons affecting the relations of Her Majesty's Government in the United Kingdom with another country, the Chief Justice shall, on application by the Attorney General, appoint a Deportation Tribunal to hold an inquiry under section 23.

(2) Every Deportation Tribunal shall consist of a judge or a district judge, who shall be the president of the Tribunal, and 2 other members selected by the Chief Justice from the panel appointed under subsection (3).

(3) The Governor may appoint such person as he thinks fit to be members of a panel for the purposes of this section.

23. Inquiry by Deportation Tribunal

(1) A person in whose case a Deportation Tribunal is to hold an inquiry under this section shall, not less than 7 days before the day appointed for the holding of the inquiry, be served with a notice in writing-

(a) notifying him that a Deportation Tribunal is to hold such inquiry and of the day on which it will be held; and

(b) containing a statement of the ground on which it is proposed that a removal order or a deportation order should be made.

(2) Every inquiry under this section shall be held in chambers and the practice and procedure on the inquiry shall be such as may be prescribed.

(3) The Deportation Tribunal shall, after inquiry in accordance with this section, make a report to the Secretary for Security setting out its findings of

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