1989 Ed.]

Immigration

[CAP. 115

51

(5) A recognizance entered into pursuant to subsection (3) shall cease to have effect-

(a) where the person who has entered into the recognizance has been detained under section 32(2);

(b) where the person who has entered into the recognizance has a removal order or deportation order made against him;

(c) where it is decided that a removal order will not be made in respect of him;

(d) upon the expiration of 6 months from the date on which the recognizance was entered into or upon the expiration of the period for which the recognizance has been extended under subsection (6), whichever is the earlier. (Added 52 of 1976 s. 3)

(6) A magistrate may, on application by the Director prior to the expiration of a recognizance entered into pursuant to subsection (3), extend the recognizance for such period not exceeding 6 months as the magistrate thinks fit. (Added 52 of 1976 s. 3)

37. Recovery of cost of maintaining person detained under section 32(1)

If a person who is detained under section 32(1) pending his removal from Hong Kong under section 18 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 VIIA

UNAUTHORIZED ENTRANTS

37A. Interpretation

In this Part-

"passage" in relation to an unauthorized entrant includes the travel and transport of the unauthorized entrant by ship, aircraft, vehicle or any other means whatsoever; and

"unauthorized entrant" means a person belonging to a class or description of persons who, by an order made under section 37B, are declared to be unauthorized entrants, other than a person who under subsection (2) of that section is excepted from the declaration in such order.

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